Omaha daily bee., 1899-10-07
CITY WINS The FIRST ROUND
Judge Macy Hands Down Decision in the
Rohrer Case.
MOTION TO oVERRULE IS DISMISSED
Leaves Case Practically Where II
Was Before Except Mrs. Rohrer
Has the Right to Fence OF
Her Property.

Judge Macy handed down his decision
yesterday morning in the district court in
the case of the City of Council Bluffs
against Mrs. M. F. Rohrer on the motion
OF the defendant to dismiss the appeal OF
the city from the award of the appraisers
His decision was as follows:
In consideration OF the motion to dismiss
appeal on the part of the city, of COUNCIL
Bluffs, from the award of the sheriff 8
jury. and amendment thereto, 1t Is found
by the court that since such award the
city has remained in possession of the land
sought to be condemned made improve
ments thereon and occupied and used the
same as a part of the public street. and
to deposit with the sheriff the amount of
the award of such jury, 1t is therefore
ordered by the court that said city be
from this date to pay to the sheriff of this
county the said award of $1,000 and in
default Of such payment the sheriff of
said county Is hereby ordered and directed
possess the said city of the real estate
Sarah b. b. Rohrer and make his return
hereunder to this court, with the costs
and expenses so incurred by him; 1t is
further ordered by the court that the mo-
ton to dismiss the appeal of the city from
the said award be and the same, Is hereby
overruled; and it is further ordered that
this case be taken out of the assignment
and held for further order and trial on
both appeals. In case said city deposits
case of a failure so to do, upon the re-
turn of the sheriff showing a compliance
herewith on his part, then and In either
stand for trial without further order ex-
cept as to assignment.
This practically leaves the case where 1t
was before, except that Mrs Rohrer now
has the right, unless the city pay the cash
into court, to fence off her property, which
for many years has formed a part Of Third
street and Sixteenth avenue. The property
in controversy has been used as thorough
fare for many years and it was not until
about four years ago that Mrs. Rohrer de-
| manded from the city payment for it. Or
| being refused, she had the street fenced off
! The city took the matter into court and lost
| it being held that the street at this poiut
| when the adjoining property was plated
| had never been decided to the city. The cit,
| appealed and the supreme court ruled II
| favor OF Mrs. Rohrer. Then the city com
| menced condemnation proceedings and the
| appraisers fixed the damages at $4,000 fol
| Mrs. Rohrer and $3.50 for the Wabash rail
| way, which owned a small strip occupied by
Third street Both the city and Mrs. Rohrel
| appealed from the award OF the appraisers
| At the last meeting Of the city council Mrs
| Rohrer offered to compromise the case anc
| withdraw her appeal II the city would d.
| likewise and pay the amount awarded. Th'
majority of the councilmen. however, ar
of the opinion that the amount awarded b.
| the appraisers is about twice too high, an'
preferred that the matter should be settle'
| by the court. The amount Of ground in
volved in the controversy would make abou
fve or six ordinary lots.
The decision of Judge Macy is virtually
victory OF the first round for the city, as
| overrules the motion OF Mrs Rohrer to dis
miss the citys appeal. If the court ha
sustained the motion the city would the
have been compelled to pay the $4,000.