Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-06
Case Of Noyes Against
City Of Watervi|Ie.
Some Variance in Opinion Of
Value of Real Estate
is Revealed and Counsel Keen In \,
terest in Case.

'oi mig Dun Jurles reported for
duty. and the second jury was excused
IRON further duty until "Wednesday
| morning at $50 O'Clock. The case Of
Noyes. Applt. against the civ ot
"aterviile was brought before the
court. Attorney Charles F. johnson of
Naterville appearing for the plaintiff
in the case and Attorney S. S. Brown
| and City Solicitor N. K. Fuller for the
city of Waterville.
The case thus far has been rather dry
| as the evidence IS more the result of
mathematical calculations than the
| narrative of actual occurrences Most
of the testimony has been individual
estimates of the value of the property
in hearing. The case is an appeal
from the decision of the county COM
missioners and should, before the con-
cluslon OF the hearing. be productive of
some interesting testimony.
This case is the direct result Of the
selZing OF land by the city of Water
VILE for the site Of it's new public Ii
brary In the early fall of 1903, the
city council of the city Of Watervillc
in looking around for a site of the
proposed library, WAS greatly i'm
pressioned with land adjoining the
residence of Edwin F. Noyes. With
out preliminary dealings with the own
ers of the land the city proceeded ac-
cording to statute law to take the
land. The city council appraised the
value Of the land and as the trustees
of the estate We're hardly satisfied
with the appraisal they appealed to the
county commissioners. The COM
:,s.;.,
damages at $500. This was con~id
cred far from the real valu, of the land
taken and consequently the present
hearing is the result.
In the opening argument Attorney
johnson reviewed the proceedings By
which the land was taken. explaining
the boundaries of the estate before ami
after the land was taken. The city
after awarding damages through III"
city council, took formal possession of
the land. Nov. 80. 1903. This land is
one of the finest properties in the city.
having a frontage on Elm street of 33o
feet and extended back over 100 feet.
the boundary varying in distance at
the north and south lines. On the north
boundary was Il fine stable situated )"
feet from the street and some distance
from the residence. The city took IL
feet frontage of the lot on Elm street.
the north line extending back a dis
lance of 1O5 feet and the southerly line
was drawn at right angles to tn"
street. the piece of property seized
measuring Il .S13 square feet, or over -
per cent. of the property.
Attorney johnson explained that tn
view from the residence WAS spoiled,
owing to the erection of the library
and further the general aspect Of the
lot WAS spoiled owing to the sharp
boundary line made by the surveyors
in taking tn, land. In fact, the city
had secured Just what they WaHtc'
without even consulting the wishes o.
tn, owners and in the testimony 10 loI-
low ne hoped to prove that the amount
Of damages should be far more thah
had been awarded by the COMMISSION
crs. A map of the estate with the
mans of the house, stable and the sec
tior taken tor the library. drawn bS
civil Engineer Burleigh of WaterVliie'
was exhibited to the jury and fully eN-
plaincd by Attorney Johnson. Al tht
conclusion of the hearing this plan VIII
he introduced as documentary evil
dence.
Edward W. Heath Of Waterville. son
of COL Heath one of the trustees OF tiie
estate of Helen F. Noyes of Waterviiie'
lately deceased. was called upon ~
testify to the various measurements Oh
H. ,o.r etc Since the death of COL
Heath il has devolved upon the VII
ness to carry out the trustee ou'ies VI
his father. In this capacity ne kne"
considerable about the property.
moss. had he owned the properly, De
fore the land was taken for the hpfa-
w would have placed the Faiue AT
$40 900. After the land had Deen TN
on witness said he would place 'ii'
value of the land at 100000. thus plac-
ing the value of the seized Iaiiu "'
| $4,000. ILL,
willard p. Arnold. a hardware deal
| or in Waterville for the past 30 years.
and a real estate owner. was cane"
upon to give his best Judgment as u
| the value of the Noyes' propert! OH
| Elm street. Witness said II ne hiu
the property for sale he would ASH
| so3 900 and if that price was not lor'iI
coming would take 100000. In regaru
10 the taking Of the land witness hau
| nothing more than was common knoWl-
| edge.
| Robert F. Noyes of Watervilie' an
assessor for nine years gave his idea
that the property of the Moves estate
would be about $4,000. The land tax
on for the library exclusive OF the
stable thereon would in the estimation
Of the witness be worth $4,000. In re-
gard to the value of stable witness had
little judgment and could make no es-
innate.
| F.F. Cannault, formerly tax collec-
tor and treasurer of the City OF wa
! teryile. placed the value of the proper
~ in question at $4,000 to $4,000.
placing the value of the land on which
the library now stands at about SSI5o.
Witness is at present real estate
dealer and at the suggestion OF the
counsel for the defense. showed how
he would split up the estate into house
lots provided it was his property.
Howard c. Morse an assessor of the
city Of Waterville and formerly Sc
lectman during the town government.
gave his estimate of the value of the
! ,,o,oarfv The yalue he would Mace