The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-19
FREDERICK SCOTT
MAY CLOSE ALLEY
Judge Grinnan Dismisscs Bill
Filed by n. w. Bowc and
Other Citizens.
THROWN OUT ON DEMURRER
Court Action sustains Legal
Opinion OF City Attorney
Pollard.

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Judge Daniel Grinnan, of the chan
Gerry Court, entered an order ycster-
day dismissinE the bill Of y. W. i3owc
and others against Fred W. Scott. on
Il demurrer. thu allowing MIR. Scott
TO close n portion Of an alley iii the
rear Of his new HON on West Frank
lin Street. AS tho case was decided on
a demurrer and not fully heard on its
merits. Il is believed that application
VIII be made by the plaintiffs TO alnend
thelr Dill, with a view Of securing a
turther hearing, or OF taking tho case
TO the Court OF Appeals. In practical
effect, however. Mi. Scott now has
possession OF tho alley, the
injunction restraining him from clos
ing II having been dissolved.
!ohSe Grinnan rendered a written
opinion OF some length. going fully into
the legal points involved. onc OF the
points being that no particular injury
mad peen shown to the plaintiffs. but
that IL the closing Of the alley consti-
'nted 4 nuisance. 1t was a nuisance at
largc-a public nuisance. rather than
q particular injury 10 Mcssrs. Bowc
ana others.
City Attorney sustained.
81. - NNh'Vil "a tile court seams TO
sustain the right of tho CITY. Council
70 authorize the closing of an alley
under certain conditions. a question on
which there has beer difference OF
opinion between the Mayor and the
CITY Attorney.
nero We're some peculiar circurn-
stances IN tile case ut issue. The uIocl,
IS unusually large and irregular. hav-
iiig in IT Two alleys. running in each
4.lTcCtInIt- 1SA. NJ IT Ser,t E J1.- 80, q. =.
the most ~alleyned" block in the CITY.
these four alleys form a smaller
SEIZURE in the centre, property in
which Adults on all four nilcvs. b;t
pas 10 front on any street. THAT in
terror block Was acquired by Mr. Scot;
somf ears ago, and on il he erected
STABLES. q garage and other buildings.
Aiore recently he secured a frontage
on ffankltn street. and has erected
enc Of the handsomcsi residences il,
Richmond. THIS lot runs back To one
OF the four alleys bounding his stable
grounds. and Mr.. Scott applied 70 the
street Committee for permission 10
me Two ricces Of ground he owned.
ncpri'r. NO One or Access.
ne represented that no property own.
cr on the block would be deprived o,
aiieE access TO his property-tl.a Ii,
ohlS property affected MAS lis own.
~ 49, MS next door ~nciShborS or
both SIDES. Miss Grace .Irents And !,
r.. r. Myers. ~. c~onsen;ed. Mr 49,,
Said II WAS not his intention to build
oyer The alley. and the city could re-.
N"rAe tne right 10 run rond.i,, n,
water or gas mains Trough il. 10
proposed 10 park the grounds bstw esn
rs honsn ana stables. and mgnv ~
nose owning property on the block
nSFc@'l that ii would he an il, ~ oy
NElit. TO tho lEi-,ik nrt1,; ..H.. n.
y. Y. Bowe, who lives further on
@fanklia Street. in the same bIocb
nioni sec II that way. He had bcen
instrumental With Major r;inter Il,
ha"inS ihe alley opened ana navcd
,nFoNGh from Shafcr % Harrison
street. between Franklin and Park
Avenue. and While that par; Of trc ~.
Icy in the rear OF his house was no,
disturbed. ard had an opening inio
Harrison street direct, and by one turn
INTO lark Avenue, and py two turns
INTO Shaier street, he employed coun-
sci 10 oppose the closing On ii,c
ground that it would iniurc his pron-
erty wcrc not the alley left open
straight through.
bows Secures Injunction.
IHc matter Mas fully argued before
the Committee on Streets and recon-
mondcd 70 the C.ouncil for adoption.
where. after manr DELAYS. Mr.. scott
WAS given the right 10 close the AL
ley. Before his worhJncn had done
more Than erect a barricade across
either u with a view Of removing
the paving, Mr. Sow wcnt into the
C!ancery Court and secured An in
junction restraining Mr.. Scott from,
further closing the alley, and the case
vas fully arGued before Judge Grin
nan b. Richard Evelyn Byrd and David
Meade White, for Mr. Bowc. and by
irnAton and Eggieston. for Mr.. Scott.
IS 10 the right of the City Council TO
authorize the closing Of alleys. Judge
Grinnan has had the case under adj
yiscment for several weeks, and en-
tered his decision in the form OF a
written opinion. copies of Witch were
sent TO counsel on either side ycster-
1av. r