The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-16
TEXT OF OPINION.
An Able and Lengthy Decision
Reached BY Judge c. E. Nicol.
The fun text of Judge Nicol's OPT

The fun text of Judge Nicol's opinion
liz given here: (.
in the Circuit Court OF the County
OF TIenrico:
CITY of Richmond County Of Hen
rico. ct ais. and Atkinson et ais, vs.
City of Richmond, ct ais
"trhese cases came again on TINS DAY
to he again and further heard. md the
court. having carefully considered AL the
evidence in these cases. both parol and
written including maps, documents; re-
cords and exhibits, and the proceedings
heretofore had in these eases, ana hnvlls
fully heard the arguments of coli'lse'
representing all interests involved, Messrs.
IA. r. Pollard. city attorney. and C. V.
Meredith and J. r. Drake, Jr.. appearing
for the City of Richmond. and Messrs
l.. q. Wendenburg and A. G.. BraXton ap-
pearing for the county of Henrico, and
Nessrs +. w Christian and VI. W An
derson appearing for Mrs s. NJ Dooiey.
and MIR r. W. Gardner appearing for
the town of Paramount, Is of opinion as
follows:
'.C) That the net of The General Assem-
vide for the extension of the corporate,
limits of cities and towns. approved
March 10. 1901, rs valid and constitutional.
In SO far as 1t is necessary to determine
the same for the purposes of this order
and the exercise of the powers therein
conferred on the sourts.
-'C2) That 1t is neither necessary nor
expedient to annex TO the City of Rich
Jnond at this time the towns OF Barton
heights and Chestnut Hill, and they not
having been included in the territory en-
braced in the petition OF the City of Rich
rnond praying an extension OF her cor
porate limits, cannot be heard n tins
proceedings under the pleading therein,
and their application orally preferred is
hereby dismissed.
..tS) That 1t Is necessary and expedient
that the corporate limits of the city of
Richmond should be extended for the rea..
sons recited and set forth in section of
the ordinance of the City of RICHMOND.
approved by the mayor August 18th, 1909,
and which reasons are fully sustained by
the evidence In these cases.
sd That the corporate limits of the
city of Richmond should be extended as
Hereinafter reeited. the court having SO
drawn the lines of annexation or extern
tion as to contain reasonably COM
see that no land is taken into said city
of Richmond which is not adapted TO city
Improvement, unless necessarily embraced
in said compact body of land. and being
careful also to exclude such land as the
city of Richmond will not need in the rea-
sonably near future for development.
Fairmount Taken In.
.'C5) That the town of Paramount has
proceeded in the manner prescribed by the
said act approved March TO- 1904. TO be
annexed to the city of Richmond. and
by evidence has shown facts that make
Il both NECESSARY ,lss:3 and expedient that said ,
city of Richmond; and whilst said
town of Paramount is not physically adj
iacent to the city of Richmond. being
distant therefrom about one hundred and
fifty feet, yet over said l5O feet they are
connected by a street, and said town of
Paramount. being embraced in the larger
territory sought TO be annexed in the pe-
lit!on OF the city Of Richmond. the court
is OF opinion that said town of Paramount
is ADJACENT to the city OF Rich
rnond in the true meaning and intent Of
the said act approved March 10, 1901.
10 That the city OF Richmdnd must
assume as .r the Indebtedness of the town of
porate. property of said town
20 That the corporate limits of the
city OF Richmond should be extended as
limits as Incorporated by an ACT Of the
General Assembly approved February 10,
1851. on the southern margin OF James
River. and thence extending according
TO the exact metes and bounds as de-
scribed In the amended ordinance of the
city of Richmond. approved August 10,
1905, except as follows, which TERRITORY
shall be excepted from the territory an
nexed under the order In these cases:
list. mat portion of the territory be-
gin Of James River at The present western
CORPORATION line, thence in a westerly
direction along the southern margin Of
erh line never e M Point opposite the vest
eastern line Of Florida Florida Avenue 4, ,ns
a sErosTveY Ia %eo R / projected thence theme,
,wardly DIRECTION, following the projected
line of the western line of Mount cal
vary Cemetery property, thence contin-
ing in northWardy direction along The
western line of said Mount Calvary Gem
etery 70 a point distant two hundred and
slNty-fVe feet southwardly OF the north 4
ern line OF Colorado Avenue projected.
thence In a westwardly direction parallel
With and 265 feet south OF the northern
inc OF Colorado Avenue to the western
limo OF Virginia Avenue, thence continuing
IN a westWardy direction parallel with
ana twenty-five feet south of the stream
upon the property of Mrs. s. NJ Dooey
thence In a southwardly direction parallel
with and tweniy-fi vo feet east of the said
stream upon the said property OF said
Mrs s. Nj. Dooley, and across tho did
James River and kanawha Canal TO the
northern margin of James River thence
IN a Westwardly direction following tho
northern margin of James River 10 !,
point on the line of the map showing, ina
proposed annexed territory. desgnatad
as north % degrees. 30 minutes cast.
Territory Not Needed.
In the above territory cxcepted is. Inc
larger portion of Riverview and the larger
Pollard estate.
They are excepted because tho owl
nence shows that they will not be needed
by the city OF Richmond in the reasonably
near future for development
The larger portion of the Dooley tract