Kansas City daily journal., 1895-03-20
INDEPENDENCE BOULEVARD.
ITS CONTRACTION IL 40 LONGER 4
QUESTION oE DouUr.
supreme Court Amrms the Verdict of tho
Lower Court. sustaining II In
Every point -parh BOARD
VIII Soon Act.

The verdict OF the Circuit court In the
Independence boulevard case was yes
| tcrday affirmed by the supreme court at
jefferson city and tho boulevard Is now
assured as soon as tho park board can
carry out its plans. The plan of the
park board ia for boulevard 100 feet
Wide from Woodland avenue to the east
crn city limits, along Independence,
Gladstone and ScnrrItt avenues.
The condemnation proceedings were
begun before Mayor Cowhcrd about n
year and II half ago, tho verdict against
the city being $500, Tho case was tried
on appeal from the mayors court TO tho
circuit court before NJ. a. Fyko, special
Judge, where the verdict was 81 against
the. city. About $50 pieces OF property
and ninety different property owners
were Interested. The case was appealed
10 the supreme court by II. O. Smart
Alice NJ. Smart Charles Lockridgc, tho
Tootlc heirs and William Vineyard It
Is the verdict OF tho circuit court which
has been affirmed by the supreme court.
The effect of tho decision will be to
render 1t possible. ms soon as the bon
eiits can be collected and tho damages
paid. for tho city to take possession of
the boulevard. Independence avenue
from Woodland to Gladstone has been
already curbed ana guttcred and uni
forfnity of sidewalks has been assured
by ordinance. The eighty foot roadway
on Independence avenue will be widcncd
to 100 feet, ten feet being taken Off each
side OF the street and the property line
being removed back that far. The road
way of the boulevard will bo nfty-six
feet. Between the roadway and the
sidewalk on each side OF the roadway
will be a plat sodded and planted with
trees. this plat being nine feet wide.
The walk Will be eight feet wide, and
between the walk and the property line
Will be plat five feet wide planted with
trees and sodded.
Gladstone and Scarritt avenues are
seventy feet wide; fifteen feet will be
taken off the abuttfng lots, making the
avenues 100 feet wide. The roadway will
be forty feet wide and on each side
thereof will be a sodded plat seventeen
feet WIDE f1anked with walks eight feet
wide and with five feet of sodded plat
between the walks and the property line.
Three lines of trees will be planted
along each side OF the street.
The questions raised in the appeal of
the case were technical in their nature;
the filing of the plat with the mayor
being attacked: the presentation OF the
resolution selecting the route for the
boulevard was objected to: Deputy Clerk
Sullivans manner OF writing up the rec
ord was assailed: the verdict of 81
against the city was denounced as ut
terly unreasonable. and various other
points We're made against the verdict of
the circuit court The case was argued
before the supreme court by Gardiner
Lathrop and Henry n. Ess for the ap-
pellants and w. c. Scarritt and Assist
ant City Counselor Palmer for the CITY,
The following special dispatch to the
Journal from jefferson City shows that
the lower court was sustained in every
point:
Jefferson City, Mo-, March 19.--(Spe-
cial) A court en- banc in n lengthy
opinion by Judge Can't, in which
all the Judges concur except Judge
Barclay, who dissents, sustains the
validity OF the Kansas City boulevard
ordinance and the action of the COM
missioners in the matter of the condem-
nation of the Independence avenue
boulevard along parts of Independence
avenue, Gladstone avenue, st. John av-
enue Scarritt avenue and other lands,
under an ordinance of Kansas City num-
bered 4,972. approved April Z, 1895. Kan
sas City VS.. d. o. Smart Alice NJ.
Smart, Charles r. Lociridge, William
Vineyard, Kate NJ. Tootle, John $.
Lemon, curator of the estates OF John
j. Tootle and Milton Tootle. Jr.
The decision sustains the lower court
in every point and concludes as follows:
'The record is devoid of material err
rors and the judgment of the circuit
court Is affirmed