Show CITY ENJOINED jI j j I I Temporarily Restrained From Build Ins Ditch in Parleys Canyon 1 J The city has struck a snag In Its ditch i I building project In Parleys canyon I I When an attempt was made to construct one of tho illluhcs over the lands oC Jens I C Nielsen In tho locality of tho haltway house Nlelson objected and Die city I made him an offer for a right of way lie I j declined the offer and tho city then Instituted In-stituted proceedings to have the right of f way condemned In the meantime having 1 I proceeded with the work according to an affidavit made by Nielsen t I The complaint in the cuio was llled yes terday Iho city setting out In brief that tho ditch soucut to be constructed over I Nielsens land Is iccVsary tor the citys use that tho line Tf the ditch has locn definitely located and adopted and that j work upon the same IB now being prose ruled It Is also alleged that Nielsen has 1 refused a fair and reasonable offer for the right of way Nielsen however iloca not take kindly to the action an l instead of allowing the case to proceed in f the usual way ho directed di-rected his attorney N V Jones to have the city reatralVd from proceeding with I the work Mr Jones accordingly ap I peared In court yesterday with an affi davit made by bin client and secured a temporary restraining order pending a hearing on Saturday next Nielsens affidavit Is an interesting doc I ument Ho sets out that the ditch IH not u public necessity and that its conslruc llon Is not authorized by law Jn support I sup-port of these avrrrncnta he alleges that the ditch 13 to divert waters from their natural source and convey them upon J wild lands benches and hillsides In a pro mlscuous manner lie further that the illicit could bo constructed over lands belonging to tho city Ho then complains In conclualon that on Decem her 10th the city wrongfully entered upon up-on bin lands and destroyed a number of trees and young timber |