Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-22
IN ATTORNEYS OPINION
HANOVER PLACE STATUS DEFIN-
ED BY CORPORATION COUNSEL.

The much discussed question of whether
or not Hanover place northwest is a street,
alley or minor street was settled today
when Corporation Counsel Thomas of the
District, in an opinion forwarded to the
Commissioners held that 1t Is street
This question concerning the status OF
Hanover place arose several months ago
when number of residents and property
owners on 1t protested against a stable
recently erected by Edward Chapman, de-
claring that 1t was built within twenty
feet of a residence without the owners
consent, In violation of the building regu-
lations. At hearing upon the subject be-
fore the Commissioners about month ago
attorneys for Mr.. Chapman contended that
Hanover place was not a street, but an
alley, and the twenty-foot building regula-
ton did not therefore apply to the stable
in question, and 1t was for the purpose of
reaching conclusion as to the legal phases
in the case that the Commissioners sought
the opinion of the corporation counsel.
After deciding the question about this
street Mr.. Thomas in his opinion stated
that If a remedy of the situation is desired.
the Commissioners may require procee dngs
to be instituted in the Police Court against
Mr. Chapman under section 1875 Of the Dis
trict building regulations, and they may
also institute proceedings In equity to have
the use of the structure as a stable
prohibited. BY these methods he declares
judicial determination can be had Of the
question, and in order that it may be set
tied at an early date he suggested a pro-
ceeding in the Police Court.
If the latter suggestion Is carried out by
the Commissioners Mr.. Chapman will be
prosecuted upon a charge Of violating the
building regulations. and, according to of
ficials of the building department. If he is
found guilty a daily fine will be imposed
upon him by the court until the condition
complained of is remedied to the Districts
satisfaction.
Building Permit Refused
When it was found that Mr.. Chapman
In constructing his stable on Hanover place
had not complied with the building regula-
lions, in that his building was within fif-
teen feet of the nearest dwelling, COM
plants were sent to the Commissioners Of
flee. Then Mr.. Chapman applied for
permit to build an addition to his stable,
but this it is said, was refused by Build
ing inspector Ashford because he failed to
comply with the regulations in his first
building. A public hearing was held and
the Commissioners heard all the complaints
about the stable, as well as Mr.. Chapman's
repeated denials that his building was a
nuisance as claimed, and that it was con-
strUcted in violation Of regulations
In determining the legal status of Han
over place, Corporation Counsel Thomas
stated that it was dedicated to the Dis
trict in 1889 by Lorin M. Saunders and
Carrie c. Griffin and was placed on the
District plats as a real street. 1t extends
from North Capitol street to the alley in
the middle of the square; it is sixty feet
in width and is almost entirely built up
with sidewalks on each side, eight feet in
width, with an improved roadway twenty
four feet wide. All work done on this street,
such as improvements and repairs has been
paid for by the District out of the general
funds for repairs to streets.
The request of Mr.. Chapman for permit
to build an addition to his stable,
which was refused by the building in
spector, was also dealt with in the opinion
of the corporation counsel. He held that
if the proposed addition is built in accord
ance with the laws prescribed by the build
ing regulations the permit should be grant
ed
This opinion of the corporation counsel
was referred to Col. Biddle, the Engineer
Commissioner, and it will be upon his recon-
mendation that the Commissioners base
their action to dispose of this case.