Omaha daily bee., 1902-06-25
ORDERS THE FENCES DOWN
Judge Scott Hands Down Ruling on Con.
troversy at Lake Manawa.
BOARD HAS NO RIGHT TO VACATE ROAD
Motor Company Indicates IL Will shut
Out the CompIainRnts by Erect
ing Fences In other
Places.

IluctHs
The motor company will be compelled
to take down the fence which 1t constructed
across Third street at Manawa when en-
closing Shady grove with the balance Of
the resort. 1t will have to keep this
thoroughfare clear of Instructions from its
intersection with Park avenue to the lake
front and will also have to remove all
distractions 1t may now have on Park
avenue. Further, the company is forever
enjoined from fencing in or obstructing
either Of these public highways.
This was in substance the ruling of Judge
Scott Of the superior court handed down
yesterday in the proceedings brought by
Chrisman & Robards. property owners at
Manawa, to restrain the motor company
from fencing in certain alleged public thor
oughfares and enclosing them as part OF
the grounds of it's resort at the lake.
Judge Scott held that the value Of the
plaintiffs property in Manawa consisted
partly in it's proximity to the lake and de-
pended more or less upon it's access thereto.
The plaintiffs commended that after the
dedication of the plat Of Manawa and
streets therein, giving access to the lake,
subsequent owners Of portions Of the plat
could not vacate the thoroughfares so as
to deprive the remaining owners OF the
plat OF access TO the lake, and Judge Scott
In his ruling sustained this contention.
Regarding this phase Of the dispute
Judge Scott in his opinion said:
synopsis of Opinion.
That the principal object and purpose in
upon the market and dispose of the lots for
use and occupancy as a summer resort, py
and this fact, among others, led the plain
rights in said plat. That their accessibility
to the lake front by reason of the streets
Of said plat was an inducement and con-
sideration in acquiring their property in
terests there. That among other streets
so plated was Third street, which from
its point of intersection with Park avenue
on the north and for a width OF sixty feet
was for a period of more than ten years
prior to the obstructing Of the same. by the
a regularly travelled thoroughfare and
street In gaining access to the lake front,
where for a time a temporary lock- was sb n
street as a part of the highway in travel
ing to and beyond Lake Manawa, the same
being a part of the public highway or
county road as well as being a street of
Manawa park, and while the Board of
supervisors might have authority and
of the public highway as to the general
travelling public It had no right or au-
as a part of the plat of Manawa park and
could not deny to the property holders, in
! Guiding the plaintiffs herein, access and use
to said street for the purpose to which 1t
was formerly dedicated,
To Open Park Avenue. .
Referring to Park avenue Judge Scott
held that Park avenue, from the point of
intersection on the west with the county
road and its intersection on the east at
Second street with the county road, is ma
terial and necessary to the property own-
ers along Third street to gain access to the
public highway and should not be closed or
obstructed by the defendants herein"
Third street is the street along which the
motor company last year had its tracks and
from which 1t had its main entrance to the
resort. 1t ran between the resort proper
and Shady grove on the east. This year the
motor company, commencing at the north
side OF Shady grove, enclosed the road when
making the grove part of the resort, and
thus shutting out the owners of lots on the
street from access to the lake. Park ave-
nue. is the thoroughfare running east and
west and directly north of the company's
grounds where 1t laid its track this year
and made its entrance into the resort.
The plaintiffs asked that Portland ave-
nue. also be opened, but Judge Scott denied
$3.50 VI az bAOahAo AhoN NAOs hdllC COhil
be only used by the plaintiffs and the pub
lie in gaining access to the property of the
defendant company and would only result In
damaging the public enterprise which the
defendant company has undertaken to es-
tablish."
Must Comply with Order.
Judge Scott also holds that about 200
feet Of the old public highway fronting on
Lake Manawa running east from the foot
Of Third street had never been legally va
Gated, but that in its present condition
without an outlet would be of no material
benefit to either the public or the plain
tifs.
The order OF the court gives the motor
company until July 1 to comply with its
mandate and remove the fence and other
distractions. Since enclosing the portion
planted a row OF trees down the middle Of
the thoroughfare and under the order Of
the court these will have to be removed.
The attorneys for the motor company
stated yesterday that an appeal would be
taken TO the supreme court, but this will
not operate to prevent them from comply.
ing with the order to remove the obstruc-
tions by the date set. The order cannot bt
delayed by supersedeas proceedings.
The attorneys for the motor company as
sert that their tracks north Of the resor
are on private ground and not on Park ave
nue. and that they will erect a fence OF
each side Of Third street from Portland
avenue to the lake front and a fence alonl
the lake front. so that the complaining
property owners will not be much bette
I off than they we're before.
3 The attorneys for the plaintiffs state tina
in the event Of the motor company appeal
ing they will also file a cross-appeal so IA
as the other streets which were not in
cluded in Judge Scott's order are con
ceTned.
All Are Invited.
The Retail Grocers' association extend
a hearty invitation for all those engage
o in other pursuits to join them In thei
picnic next Thursday. June 20. at Jsffriea
Wav aN G-