Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-04
a sneetaI Imrroyement Tax Case.

This morning, in the Supreme Court OF the
District, in General Term, the case of Foster
HenShaw against the District OF Columbia
was called and argued by b. 4. Lockwood,
for complainant, and Mr.. Stanton. for de-
PENDANT. This is an action TO restrain the
sale Of lot 6, square 166. for taxes aud i'm
ITOvements charged to be illegal. The plain
tiff says the assessed value of the lot is 80;
that in August, lo69. be paid special tax
Tor tCotWayS OF SS2S.16 under protest on the
ground that the assessment was illegal as
there was 10 established grade as reduirel
by the Act OF May sd. 1853; that the work
performed by the contractor was not ap-
proved by the assistant commissioner. that
The work was not correctly performed that
The material used was not such as Is re-
CURED by the act of May 25th, 1858; that the
work was not examined by the surveyor
and commissioner as required by law; that
the SO-called Improvements were al least
$500 damage to Complainant; that in 1853.
when the lot was purchased he employed
the city surveyor TO give him the grade, and
built his house to correspond with it.
In January 18th, 1870, four certificates of
stock for paving and curoirg fOotways OF
S1753i each, bearing interest at ten per cent
and aggregating S7Ol.36 were issued and sold
without the knowledge of complainant
against this property, and new grade made.
On OF about the list of May, 1874, another bill
for special taxes for paving aud curbing foot
way to the amount OF si61 80 was levied On
him. In the meantime the walk fronting
on his premises has been cut down about six
feet, a little below the foundation stones; til q
cellar has been nearly destroyed, and the
walls cracked. The District authorities are
now making another cut eight feet below
this, which Will neCeSsitate another large
bill for paving and curbing, footways, door
steps, &C. Sometime during the present year
The place was advertised and sold for taxes,
and he (cOmplainant) claims that said assess
nents are irregular, unauthorized be law,
and Onerous on him, amounting now to
about ~ 800, and with the interest thereon
to the full assessed value of the said property,
The defendants answer was filed April Il,
1875, and claims that the improvements were
made according 10 law, and that the assess
ments were legal, which tax complainant
paid, March 8, 1874. That ID street east,
along com plainant's lot, was paved and i'm
proved according 20 tine laws OF the late cor
pOrat!On Of Washington; that the assessment
on Virginia avenue has been paid, but that
on % street left unpaid. Denies each and
every charge OF fraud, Injustice and IRE gu
larlty with reference 10 any of the assess
ments. Admits that the sale WilItake place
unless the court intervenes. Claims that
complainant made no objection to said work
while il was progressing, and. therefore, was
liable for the assessment; and If the said tax
he Illegal. complainant has shown TO special
circumstances attending il which would de-
privC bin of full protection i'm the courts.
Issue was Joined on this answer, and the
cause was dismissed on motion OF the solicit
tor for defence in the absence Of the COM
pl2inant, the latter having previously asked
leave TO take further testimony in reference
10 jury, and the complainant appealed.
The plaintiff denies the authority of the
corr Grafton to estab lish grade on an ave
nue., and asserts that two different grades
had been made IL the neighbOrhoOd OF this
property In the last six years, making DIFF
ference OF ~ feet; that 2d street east 50 called
does not exist, except on paper, below South
Carolina avenue, having never been cut
through; that Virginia avenue, on this
square, borders on a reservation, the title OF
which is vested IN fee simple In tie United
states, ard no avenue is in fact laid out
here; ard that the evidence filed shows that
the aT2Ount charged is largely In excess OF
actual measurement, and that i'm this case
the reservation comes TO the building line.
The decree below was affirmed without pre-
judiCe.