The Washington times., 1907-03-31
Property Owners Assessed
Thirty-three Thousand
Dollars.
Get Damages Amounting
to Thirty-five
Thousand.
Open Alleys and Streets to
Detriment, Some
times.

District property holders are much in
terested In the litigation soon TO be in
stituteG TO set aside the assessment Of
benefits levied on adjoining property by
reason Of the opening of a new alley,
Navy place. The case may have an inn
portant bearing also on the opening OF
streets and alleys.
In the proceedings instituted in the
Supreme Court Of the District Of CO.
lumbia some time since. under certain
provisions of the District Code. for the
widening and extension Of the alley In
Square SIS, for the purpose OF creating
a minor street TO be known as Navy
place, the jury, consisting Of Frederick
W. Pnling, James Carroll Mattingly.
John C Prescott, Thomas Gordon. and
Charles G. Scott, on March filed the
award in which the damages to owners
whose land is TO be taken for this pur-
pose amounts to about SS5, 600 and the
amount OF assessments against prop
erty holders in the said square, as well
as in the squares whose properties con-
front on the said Square SIS, were as
sessed 10 the amount of about So, 900.
Deny Being Benefited.
a great deal OF dissatisfaction has
been manifested by the parties who have
been assessed for the alleged benefits,
as they claim that their properties have
in no wise been benefited, and in many
instances regard the opening Of the said
street as a material detriment and that
the said alleged benefit amounts TO an
unjust taxation.
a large number of the parties at in
terest have retained the law frn of
Wolf & Rosenberg for the purpose, II
possible, of having the assessments va
Gated, and il is learned that within the
next few days the firm will file ex-
ceptiOns to the verdict in behalf Of the
dissatisfied owners Of property in the
locality mentioned.
Has Been Much Litigation.
During recent years there has been
a large amount of litigation OF an ap-
pellate nature contesting the right OF
juTies TO assess benefits, as they have
been assessed in the District, dividing
the whole cost among landowners not
in proportion 10 the value OF each piece
Of property, but averaging the entire
improvement benefits up and laying the
assessments generally, whether the bene-
fits were equal to their share Of the
assessment or not
Two notable cases have recently been
reviewed by the United States Supreme
Court ia Martin VS.. the District OF Co
lUmbia and Brandenburg VS.. the Dis
triCt OF Columbia, in which that court
Justice Holmes delivering the opinion,
Justices Harlan White, and McKenna
concurring, the assessments reported as
benefits by the juries of award were
quashed. The cases went to the United
States Supreme Court as appeals in err
ror TO the Court Of Appeals of the Dis
trict OF Columbia. The cases are Nos
Ice and 191, October term. 1906. The de-
ciSiOn was made March il.
Those who own property on Navy
place viii go into court, through their
attorneys, and endeavor to show that
the benefits assessed are unreasonable
and that the recent decision of the Uni
ted States Supreme Court is a similar
case and principle of law and equity
and Will sustain their contention