In Re Allen Street And First Avenue

176 N.E. 377 (1931)

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Nature of the Case

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Facts

The city needed to condemn property in order to widen a street. A tenant, David Ershowsky occupied one of the properties and used those premises to conduct a butcher trade. As between the landlord and himself, he had the right to remove the fixtures at termination of the lease. The lease term would have expired on May 1, 1927, and title became vested in the city on December 10, 1926. The lease contained a provision for early termination from condemnation. An award was made to the tenant as compensation for the fixtures annexed to the property. This appeal ensued.