Omaha daily bee., 1905-08-25
DECISION IN MANAWA CASE
Judge Scott sustainI Contention Of Prop.
erty Owners Outside Resort,
HOLDS ACTION OF COUNTY BOARD ILLEGAL
Execution on Judgment Held Back by
Notice of Motor Company IL VIII
Appeal from superior
Court Findings.

Judge Scott Of the superior court handed
down his decision In the Manawa fence
litigation yesterday. The decision is a
sweeping victory for the property owners
at Manawa, who opposed the closing By
the motor company of several public thor
oughfares which traverse the Lake Manawa
resort. ......... -..... .-.....
A year ago OF more Judge Scott on the
application of certain property owners at
Manawa ordered the street railway COM
pany to remove the fences which It had
erected across number OF public streets
and avenues. The supreme court affirmed
Judge Scott's ruling, but last April the
Board Of County Supervisors. on applica-
tion Of the street railway company, or
dered the streets in controversy and others
vacated and the street railway company
put back It's fences This resulted In Chris
man, Robards, Beck and others, the plain
tinfs in the former litigation, bringing
certiorari proceedings in Judge Scott s
court. attacking the validity of the action
Of the county supervisors and also in Alder
man A. G. Gilbert bringing an injunction
suit to restraip the supervisors from va
eating OF attempting to vacate any streets
in Manawa or Regatta Place.
In the certiorari suit Judge Scott holds
that the proceedings of the Board Of su-
pervisors on April p, 1896, were without
proper Jurisdiction and are null and void,
and the same are ordered annulled and set
aside.
Streets Involved.
The streets, highways and alleyc ordered
vacated by the Board of supervir irs and
now ordered opened by Judge Scott are:-
AL that part of the street i'm the plat
OF Manawa park known as Portland ave
nue., lying west of Third street. and that
part of the street in the plat of Manawa
park known as South Fourth street, south
All that part Of the street in Regatta
Place known as Regatta avenue, lying west
Of the street in the town plat of Manawa
parks known as Main street
All that street In the plat of Manawa
park known as South Third street. south
The alleys in blocks q, g. %, 30, 81, 8;
and "a, of the plat of Manawa park
The street known as Boulevard In plat
Of the twon of Lake Manawa known as
Manawa park. from the south line OF the
plat Of Manawa park to It's intersection
In the injunction. suit of Gilbert against
the Board of County Supervisors and others
the court enjoins the Board of Supervisors
and the members thereof and their success
sors in ONCE. from closing or attempting
to close or to make any order with ref
erence to vacating or closing any OF the
following described streets and alleys id
Manawa Park addition.
Park avenue, Yacht avenue, Shell avenue
and the streets and alleys Tying between,
In the said Regatta Place, and First. Sec
0hd, Third Fourth and Main streets. Boule-
ward and Park avenue. Portland and Lake
avenues, and the. alleys between said
streets. all in Manawa Park addition above
described
Execution, under the judgment was not
| issued yesterday. as the attorneys for the
street railway company applied for super
sedeas or stay of proceedings and the hear
| ing on the application will be held by
| Judge Scott this morning. The street rail
way company Il is said. Will appeal but
what action the county supervisors will
take will not be determined until the meet
ing on September 4