The Portland daily press., 1889-06-01
THE FERRY LANDING.
General Neal Dow Petitions for an
Injunction.
Service OF Notice on the City Yes
terday Noon.

General Neal Dow yesterday filed bill in
equity in the Supreme Court, praying for an
injunction restraining the city from opening
and constructing highway and ferry land
ing on Portland Pier. Service was made on
the city at noon. Seth l.. Larrabee and w.
II. Looney are General Dow's attorneys.
The petition recites that the county COM
missioners, having located a highway and
ferry landing on Portland Pier in 1887. made
and placed on file. at their next regular SEES
sion thereafter, on the sixth day of june
1887. a correct return of their doings signed
by them, stating therein, that they had es-
timated and awarded damages on account of
the location of said way amounting to $751;
$50, to Portland Pier Corporation, to be paid
at the county treasury of the county Of Cum
berland when the property over which said
highway is located has been entered upon and
possession taken for the purpose Of con-
struction and use, and that in their opinion
no other person sustained any damage by
reason of said location; and further stating
that said Portland Pier Corporation being
the owner of the property over which said
location passes, be allowed one year from the
time when all proceedings on the petition
for said location shall be closed to take off
their buildings and structures thereon; and
that the City of Portland be allowed six
months from the time that all erectiOns or
buildings then in the line of said way as
laid out are removed within which to open
and make said way and ferry landing safe
and convenient for travellers, horses, teams,
carts and carriages.
That the said return Of said commissioners
remained In the custody OF their clerk for in
spection without record. and the case was
continued. until their next regular term.
That on the first Tuesday, the sixth day of
January, 1888, all the proceedings relating to
the location of said highway and ferry land
ing, as stated in the said return of said COM
mlssioners, were closed and recorded and
the same became effectual.
That at the time OF the filling of this bill
of complaint said highway and ferry landing
has not been opened and constructed nor
have the damages awarded on account of
the location of the same been paid.
That the petition Of large number of citi-
zens and tax PAYERS, resident in said county,
praying that the highway and ferry landing
located and established as aforesaid NAV be
discontinued, was, on the first Tuesday of
April. 1889. presented to the county commits
sioners OF said county for the time then be-
ing: who have entertained the same, ordered
notice thereon and appointed Tuesday, the
18TH day OF June, 1889, and the office of the
county commissioners for said county at
Portland aforesaid as the time and place for
hearing the parties interested therein.
That your complainant is Informed and be-
lieves that since the location as aforesaid of
SAID highway and ferry landing, the circum-
stances and interests of the parties affected
tnereby have suffered such material change
tnat neither common convenience nor neces-
sity now requires or justites the mainte-
nance thereof, and that, after hearing on the
petitlon Tor disc0ntinuance aforesaid is had
before said county commissioners. said high
way and ferry landing may be discontinued
:. That your complainant is informed and be-
lleves that the said city of Portland has APP
proprlated from moneys to be raised by tax
alton OF its citizens and their property and
estates, the sum Of $4,000. TO be used in the
opening and construction of said highway
and ferry landing; and that much larger
sum Will be necessary to open and make said
highway and ferry landing safe and con-
venient Tor travellers, horses, teams carts
That your complainant is informed and
believes that the city of Portland is about to
open and construct said highway and ferry
landing, and to expend thereon said sum Of
$4,000. and as much In addition thereto as
may be required to complete the same; and
that the said city of Portland will. unless re-
strained therefrom by this honorable court,
have expended thereon all of the monies
aforesaid, and will have completed the OPEN
ing and construction of said highway and
ferry landing, prior to the sixth day of July,
1859, and before decision shall have been
reached by the county commissioners afore-
said upon the petition now pending before
them for the discontinuance of said highway
and ferry landing.
That your complainant is a citizen of said
Portland and an owner of property liable to
taxation on account of said highway and
ferry landing, and is in danger of suffering
great wrong and and irreparable injury by
means of the premises.
Wherefore your complainant prays thatthe
said city of Portland, its agents ana SER
wants, may be restrained by the order and
Injunction OF this honorable court from OPP
cning and constructing said highway and
Terry landing, and from expanding any mon
eys thereon, until after hearing shall have
been had and proceedings finally determined
upon the petition for the discontinuauce of
the same now pending before the county
commissioners for said county, and that your
complainant may have such other and fur
tner relief inlthe.premises as to this honorable
court may seem meet and this case shall re-
quire.
May it please your honors to grant unto
your complainant a writ of subpoena to be
directed to the said city of Portland COM
handing 1t to appear before your honors in
the Supreme Judicial Court to be holden in
and for the county of Cumberland on a dav
and under pain therein specified.
Upon this bill hearing is ordered before
Judge Virgin on the first Tuesday of July
next. The defendants have 30 DAYS thereaf-
ter Ia which to file their answer to said bill
in equity.