Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-15
CONTEST FOR TITLES
PROPERTY OWNERS RESENT Al
LEGGED ENcRoAcHMENTs.
District Said to Have Claimed Ground
Owned by fih7ens-Asso-
citation Formed.

permanent association of property
owners of Brightwoed avenue was effected
at meeting held last night at Loehl's
hall, It'll and n streets northwest The
principal purpose of the organization was
stated to be to combat the attempt Of the
District authorities to claim land on the
west side of Brightwood avenue to which
the property owners along that thorough
fare claim title.
The name decided upon for the organiza-
ton was the Brightwood Avenue Property
Owners Association. The officers elected
were: Patrick H. Sheehy, president; NJ P.
Sullivan vice president; James A Toomey
secretary, and Ferdinand Miller. treasurer
An executive committee was selected, COM
posed Of the officers named, with the addi-
ton of Michael White. Michael Mahaney
Oscar Nauck, A. Loeff1er, F. NJ Boland
and w. Nau.
There was a large attendance of prop
erty owners, who expressed their wiling
| ness to enlist in the fight to test in the
courts the claim of the District of owner
ship of the lands in dispute.
At the close of the regular meeting it was
decided that each interested property owner
would be assessed an amount equal to the
number of square feet owned by him, and
| that a contract would be drawn up and
| presented to each property owner by which
concerted action would be had and the ex-
pense be made reasonable. The association
will hold it's next meeting at the call of
President Sheehy.
What the Call Stated
The call for this meeting which was
signed by Messrs. Sheehy, John A. Toomey,
M P. Sullivan, James Johnson and Ferdi-
nand Miller recited that the recipients
were invited to unite 'in an endeavsr to
finally settle the question of ownership OF
that part of the fronts of lots on the west
side of Brightwood avenue between the
front line of the lots as plated and a build
ing line established by the District author
tiles, beginning with a depth of twenty
feet at 18th and Florida avenue and taper
ing to about seven feet at Whitney avenue.
THE District of Columbia in our opin-
ion, wrongfully claims ownership between
these lines. This claim not only is an
ever standing cloud upon all the titles of
this property, but also in effect works a
confiscation of the land, and retards i'm
provements in the character of buildings, as
no building permit will be granted by the
District except upon condition that own
ers go back to the line arbitrarily fixed by
the District.
This is a condition which not only con-
Germs owners on the west side, but their
neighbOrs on the east side as well, all be-
ing interested in the Improvement and de-
velopment of this important thoroughfare.
Faith in the Courts.
After consultation with counsel we are
of the opinion that the claim Of the proper
ty owners will be upheld by the courts.
I'm the case of Margaret Kraus agt. Dis
trict of Columbia verdict for 81 600 was
rendered In favor of Mrs Kraus for an in
vasion of her premises and injury to her
property, committed by the District of Co
lumbia, on the east side Of Brightwood ave-
nue..
In the proposed widening of Brightwood
avenue and Sth street Qiaws' subdivision),
Justice Cox charged the jury that the land
ION the west side of Bright wood avenue) be-
tween the lines mentioned, and claimed by
the District, must be valued by the jury
and the owners compensated.
In the proposed litigation success will
be measured by the number of owners seek
ing this desirable end. The expenses, if
many owners should be interested, will be
small to EACH say about So per lot. The
proposed proceeding will be by mandamus
based upon the Districts refusal to issue
to some owner a permit to build on the
old plated line, the one claimed by
as the correct line" -..-