The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-04
KICKS ARE COMING
West Park Street Residents Damaged
by the Road Grade.
WILL BE HEARD WEDNESDA
Some Houses Are Far Above and
Others Far Below the Car
Tracks-There's the Rub
and the Protest.

A number OF property owners OF West
Park street on both sides of Missoula
guloh are Kicking very hard over the
grades that have been changed and are
preparing to do their utmost TO obtain
recompense from the city for what they
consider damage to their property. The
judiciary committee has appointed
Wednesday afternoon as uhe day for
hearing what the property owners have
to say and Thompson Campbell will lay
the case before them. AS matter OF
fact Mr.. Campbell has only been en-
gagged as attorney by one of those pro-
testing, but ne viii lay before the al
dermen the condition of things as
shown by the property owners. The
owner whom Mr.. Campbell represents
is Sol Levy. Mr.. Levy's house is the
one just across the gulch the windows
of which are about on a level with the
sidewalk. 1t seems that years ago he.
went to Mr.. Harper. who was at that
time city engineer, and asked him to
fix the grade. Mr.. Levy was particu-
larry anxious to be right on the grade.
as he wanted the house to live in him
self, and therefore he wanted Ii right.
He built the house. so he claims, &C
cording ITO the grade fixed by Mr.. Har-
per at that time. For a number of years
he was left secure in the bliss OF being
on the grade, and he could step from
his piazza right off into the street with
out any trouble.
But about four or five years ago trou-
BILE arose. Ut was decided to extend the
line OF the street railway company
across the gulch. and to do this good
deal of grading was done. For some
reason, however, 1t was decided TO
change the grade ait that time, sup
posedly in order that the railroad COM
pany would not have so steep a hill to
overcome. Mr.. Levy claims that he
was not consulted respecting this pro-
posed change in grade and the other
property owners were not consulted.
and most OF them were not favorable to
IT. The street on the west side of the
gulch was raised and, as a consequence.
Mr.. Levy's house was sunk below the
street until he had to build a long stair
way in order to get from his front door
to the sidewalk. He considers that his
property has been greatly damaged by
this change IN grade, and he believes
THAT the city should recompense him.
Others on the west side of the gulch
were put in the same situation
by the change in grade, being placed
far below the level of THE street. On
the east side of THE guilch the property
owners who are finding fault have a d.
rectly opposite kick from Sol Levy and
the others on the ives. side. In many
tops far above THE street, and have to
have long flights of steps to get down
to the street. The cost of the grading
OF West Park street was taxed up to
the owners of the prope rty, and they
were given several years to pay 1t in.
Some of the payments have been made
and some have not. Mr.. Levy and the
others who considered themselves entl-
tied TO damages claim that according
to municipal law when "a change in
grade is made, the city must appoint
appraisers who shall decide whether n
property has been benefited or dam
aged by the change, and that those
considered by the appraisers to have
have been damaged shall receive dam
ages and Those benefited by the char
shall pay the damages and the costs.
IT is claimed that this was not done in
the case at issue. that no appraisers
were appointed, and that in no way did
the city proceed regularly and lawfully
in changing this grade. The present al
dermen have objected to considering a
matter which, they say, should have
been sejtled long before they went into
office, but in order. If possible. to effect
settlement without resorting to the
courts. they have consented to give a
hearing TO the Park street 'k!ckers.' -
and the meeting viii be held Wednes-
dav afternoon