Stoessel v. City of Ottumwa

• Decision Date: 16 January 1940
• Docket Number: 44950.
• Citation: 289 N.W. 718,227 Iowa 1021
• Parties: STOESSEL v. CITY OF OTTUMWA et al.
• Court: Iowa Supreme Court

289 N.W. 718

227 Iowa 1021

STOESSEL v. CITY OF OTTUMWA et al.

No. 44950.

Supreme Court of Iowa.

January 16, 1940

Appeal from District Court, Wapello County; Charles F. Wennerstrum Judge.

Suit to enjoin the defendants from obstructing an alley and to declare a conveyance thereof void. From a decree for defendants, the plaintiff has appealed.

Affirmed.

W. W Rankin, of Ottumwa, for appellant.

Herman J. Schaefer, of Ottumwa, for appellees.

BLISS Justice.

The appellant acquired lots five and eight in block four of Evans and Root's Addition to Ottumwa about ten years ago. Lot eight is in the northeast corner of the block and lot five abuts it on the south. Carlisle street, forty-five feet wide and improved, extends north and south on the east side of the block. Chester avenue extends east and west on the south side of the block, and Ferry street, sixty feet wide, extends north and south on the west side of the block. A twelve-foot alley extends through the center of the block, north and south, immediately west of and abutting on appellant's lots. When the addition was platted and dedicated in 1886, an eight-foot alley was laid out between Carlisle and Ferry streets just north of block four and appellant's lot eight. Prior to 1918 there was a hole at the east end of the alley interfering with travel, but this was filled in 1918 and since then the alley has been opened and used, until some time prior to April 27, 1936, when an ordinance was passed vacating the alley, and on the latter date it was conveyed by quitclaim deed to the appellee, Newton Wilson. The grantee then closed the alley by fencing it as a part of his unplatted acreage lying immediately to the north.

The appellant had previously improved lot eight with a residence, and also outbuildings. The latter abut on the twelve-foot alley on the west side. By closing the eight-foot alley on the north, the west alley becomes a dead end at the northwest corner of lot eight. Prior to closing the alley a vehicle, by cutting the corner of the lot, could pass from one alley to the other. Now a vehicle must back south to Chester avenue, or be turned upon the back part of appellant's lots. There was evidence that the appellant is inconvenienced in the use of his lots to that extent. He has access to his property in front from Carlisle street, and in the rear through the twelve-foot alley from Chester avenue.

The trial court held that the city had not abused its discretion in the vacation, sale and closing of the alley.

The appellees have filed nothing in this court, and the case was not argued orally. Under Sections 5938, 6205 and 6206 of the Iowa Code, 1935, a wide discretion is vested in cities and towns in the opening, control and vacation of streets and alleys. While the exercise of this power is not unlimited yet where it is exercised in good faith, and for what it believes to be the public good, the courts will not interfere in the...