The Bridgeport evening farmer., 1911-01-31
lLDERMEN MUST
RESClND ACTION
ON CONGRESS ST.
If They Wish to Restore Street
to its Former Status-City
Attorneys Opinion

In order that the proposed widening
of Congress street may be discontln-
tued and that the legal status of the
5street between Main street and the
Requonnock river may be restored to
1.-THE condition it was in beforeAa layout
twas ordered on the north side Alder
fman William ]. Moran presented
kresolutton to the council last night
kas follows:
/ Resolved, That the city clerk be
land hereby is directed to notify all
fparties in interest to appear before
kfhis Common Council at the council
broom, City Hall in February, 1911 at
Is O'Clock in the evening to be heard
Kin relation to the discontinue ace OF
1.-THE layout adopted September 6, 1910,
twidening and enlarging Congress
ksueet between Main street and the
kPeQuonnock river"
} City Attorney Thomas NJ Cullinan
keent a report to the council explaining
1.-THE legal status of the city in conec-
Ftion with the widening project
IT was the City Attorneys opinion
that the layout is established and that
tf the council wishes to rescind its &C
ton, it must do so step by step, trac-
ing its former procedure packard.
The City Attorneys opinion is as
follows:
Gentlemen:-
At your meeting of January %.
1911. the city attorney was requested
10 advise your honorable body as to
the present status of the proceedings
taken for the purpose of widening
Congress street and there were sub
United. to him for answer four ques-
lions bearing on the matter, as fol-
lows:
l. Has or has not Congress street
/ been lawfully laid out and widened
according to law?
=. If not, in what particular has
any error been made and what is the
proper procedure to correct such err
ror. II any has been made.
These two questions may be ans
wered together and in reply thereto
would advise you that Congress
street has been lawfully laid out and
widened according to law. All the
proceedings called for by the charter
have been carried out and the widen
ing is now a completed legal layout
g. If error has been made in the
, method Of appraisal Of benefits and
damages by the board Of appraisal of
benefits and damages. will it be neces-
$ary to undo the entire work of legis-
iation in regard to said project and
commence de novo, or what is the
proper procedure for this common
council to adopt in the premises?
AS to this 1 would say, that, mas
much as the assessment of benefits
and damages for said widening has
been confirmed by the common coun-
cif and the layout has been fully car
ried out, IL any error has been made
i'm the method OF appraisal, it cannot
Il, the matter back to the board of ap-
prHisai OF benefits and damages for
further action. Your vote in confirm
ing the assessments has placed the
matter beyond the board of appraisal
on the appeals which have been talk
en-. the court can modify or set aside
! any unjust assessment But if ex-
cessive- damages have been awarded
! rhe parties entitled to the same
would, of course, not appeal and
therefore the court could not reach
such assessments Tic the board of
appraisal based its assessment on an
/ incorrect theory or principle and if
for that reason the city itself desires
to change the assessment it will be
necessary to undo all the proceedings
10 the matter.
4. Was the action taken by the
common council at its meeting held
December 1910, in reference to the
sending back to the board of appraisal
= of benefits and damages their report
for correction legal or illega17
As stated in the reply to the pre-
vious questions the action referring
the matter back to the board of ap-
praisal was ineffective.
In general, / would say that the
proceedings on the widening Of Con-
gress street have reached a stage
where the widened highway is now a
. valid and legal layout. To discon-
tinue II would require the same ac-
ton that would be necessary to dis
continue any other highway in the
city. II you desire to abandon the
project or have new assessment
made. 1t will be necessary to carry
out and comply with the charter re-
quirements for disseminating a high
way. The first step would be the
adoption of a resolution calling for a
hearing on the disccntinuance of the
layout by which the widening was ef-
fected-
Respectfully submitted this 30th
may OF January.
THOMAS II. CULLINAN,
City Attorney.