The Savannah morning news., 1900-10-06
WANTS THE CITY ENJOINED.
.,.,>es AND LOAN co. AGAINST
sru STREET ENGINE HOUSE.

,.ase TaIIiEant Asked 9" STOP i'~
r-se,ton. On the Ground That the
- on which "a II Proposed Ia
- Wa. sold for the sole Pnr-
- of Opening Eighth street.
.,ny Claims ~ VIII tie Ir-
-.rcsinbIy Damaged ~ the Build
49, &. Permitted 90 Be Completed
u.o-tnE THIS Afternoon.
,.ttion Tor a temporary ana petma-
junction. restraining the city from
d.. lection Of the new rre engine house
r..s,h street and from tho use OF the
80. which Il IL proposed 20 build for
other purpose than the widening OF
..-,et. was aled in the Superior Court
yeisriay -,
... -avius ara Loan Company which
al 10 the city the lot in question and
....-,l other lots in the same section.
p. r,rt,cular lot Is az the corner Of Bar
,,-4 md Eighth streets
49,. oetition rocites that the company
. ,,, owner Of n large trnct OF land in
-. .,,,ion. IN which the engine house f.
=. d.. erected. and that II sod TO The
.,. certain portions OF i's property tor
-. ,r-pose OF opening Eighth street, SO
-, ,, make It at this point OF equal width
,.o other portions OF the street. Il Is
.fsrad mat tho company's object I'm max
,, the sale 90 the city was largely that
90 remaining property might he i'm
,-svea. by being located on a stree;
"a, and beautiful throughout its entire
extent
O. is further alleged that the land was
s,d 20 the city for the sole purpose
ana with che Sole intention that the city
,souh use Il for opening the street. and
iaaf relying upon this understanding tho
company has proceeded to make costly
ana valuanle improvements. which have
served greatly TO increase the value Of its
land bu, which will have their usefulness
ana value much Impaired hy the execu-
ton Of the plan the city al present en-
,ertains. and which It ia proceeding nov
20 rush 10 its conclusion. Already. SAYS
tre petition. the foundations OF the build
ar are being placed in position
o. this purpose and plan Of the city Be-
permitted 10 be executed. the petition
charges that the street viii be made mar
row and very much less attractive 20
Prospective purchasers Of land. who
uaeht otherwise wish 20 become owners
q homes IN the vicinity la question. Tho
damage 50 incurred by the company would
be- certain In the sense that IL would be
sure 10 arrive. but IL rs said would be-
!rrauabie IN lis nature OF exact computa-
ton.
This explanation is made in The petit
ion as he basis Of plea for equitable re-
lief by the writ of injunction. the action
f1r damages not being adequate 60 do jus
tee 10 is therefore asked that further
work on the building BE- restrained ard
that The city be prohibited from using the
property Tor any other purpose than OPEN
ing me street 20 its full width.
Judge Falugant issued a rule requiring
the city 70 appear By coun- a before him
tai. afternoon ~ 40 o'clock. aud show
cause why temporary injunction should
rot be issued The petition was served
o. CITY Attorney Samuel r. Adams. by
whom service was acknowledged.
Tho question at issue seems 80 be 81
r.ell one purely. The deed 10 the city re-
.ra. that the land Is sold FOR opning
r.nfh and Ninth streets" and the queF-
trn is whether or not the city Is legally
restricted 10 this particular use OF the
property IL has purchased. The petitioner
is represented by Messrs Beckett a
IT,. kett and the petition verified by the
affidavit Of Mr.. c. II. Dorset. president
o. The company.