Morning journal and courier., 1888-07-28
rHE CONSOLIDATED APPEALS

To rra superIor Court Against she or. der of the CiEy Directing ths Rxten- sion of Lombard Street-The ROadss Remsoms-The Case to Come Up 1n september-An Interesting question
 The Consolidated road yesterday appealed to the Superior court from the order recently passed by the common council for the ex- tension of Lombard street over property owned by the road. Notice was served on City Clerk Shanley for the city to appear be- fore the higher court in September. The railroad objects to the extension on the ground that 1t is illegal, and that it is not for the public good or for public necessity. The following is copy of the appeal: To the Honorable Superior court, next to be
 held within and for the county or New
 Haven on the first Tuesday of September,
 1688..
 The application and complaint of the New York, New Haven 6 Hartford railroad conn., pany, a corporation duly created under the laws of the State of Connecticut and located at and having an office in said New Haven, respectfully represents that:
 I. On July H. 1888 and for a long time previous thereto, this applicant was and ever since has been the owner of certain track of land in the city of New Haven, which crosses in part with the tracks of the Hart ford and Shore Line divisions of it's railroad, and in part bounded by certain highway in said city known as James street, and as duly authorized by it's charter has taken, pur- chased and appropriated said tract and had covered it in part with it's said railroad tracks and in part with it's gravel pits and the foundation and walls for station building, and grounds and platform and necessary ap- breaches connected herewith, and was and is using and occupying all of said tract as a A....- Skz fnN building depot.
 9. On said July II, 1888, said city of New Haven, a municipal corporation duly erected by the laws of this State and located in~said New Haven, acting by It's board of public works and it's Court of Common Council, did attempt to lay out and locate an extension of @ certain highway known as Lombard street in said city, through and over said tract of land in line approximately parallel to the layout of the said Shore Line division of said railroad and distant about fifteen feet there from and which crosses diaRonally the lay out of said Hartford diyison at the point where it is erusssd with the main tracks and large number of side tracks, and which passes through the center of said depot build ing and grounds and approaches thereto, by vote of said court ordered layout report ed by said board of public works. 3. This applicant feels aggrieved by said act of said board and said court in making gaid attempted layout through said tract and for reasons thereto alleges the following: First. Said attempted layout and exten- sion will embarrass applicant and interfere with it's use and occupancy of said tract of land and said tracks and gravel pits, and will destroy said station and ruin said tract for railroad and station purposes.
 Second. Said attempted layout and exten- sion is neither public convenience nor a public necessity, and the public good does not require the same.
 Third. Said attempted layout and exten- tion was without, warrant or authority of law, and was utterly void because it is in- consistent with the prior public use and oc- cupancy by this applicant.
 4.-And now within thirty days after the act of said board and of said court in the promises, this applicant declares itself ag- grieved thereby, and taken it's appeal there from to the Honorable Superior court for New Haven county, and asks that this court annul said layout and make such order in the premises as equity may require, and will allow to this applicant it's costs.
 D. Dated at New Haven this 27th day of July, 1888.
 The New York, New Haven and Hartford Railaoad company by,
 TOWNSEND 6 WATRoUs,
 it's attorneys.