The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1912-04-24
Or benefit the tree, was it cut down.
Respectfully,
J. L. Leo, Chairman,
L. Ludwig,
G. T, Calnan,


Brunswick, Ca, April p, 1912.
Hon. Mayor and Council:
Your standing committee on sani-
tation, public works and buildings,
to which was referred the conmuni-
cation from R. E. Briesenick read at
coun I'll meeting of December IL and
referred to the sanitation, light and
water committee and the city attor-
ney, legs to submit herewith, report
of The city attorney, confirming the
opinion of City Attorneys Goodyear
and Whitfield on the subject matter
of the communication, the reopening
of certain five-foot alleys in New
Town, to-wit: that it is not mat
ter for action by council, but for ad
Indication by the courts of the issues
between the parties at interest, the
abutting property owners: We attach
herewith City Attorney Colsons re-
it he report of this committee.
Respectfully,
J. n. Leo, Chrn.,
L. Ludwig,
c. T. Calnan,
Committee on Sanitation, Public
Works and Buildings.
Adopted.
The report of the city attorney is
as follows:
In re: &c" street lane between
Newcastle and Reynolds streets.
The legal question presented by the
petition of Mr.. R. E. Briesenick, ask
ing that the city require the opening
of he southern portion of the above
designated alley, is not a new ques
ton with the city. The subject has
been twice acted upon by the NUM-
cipality in recent years, and in each
instance after receivin written
opinion from the city attorney.
In the first case, the same ques-
ton was raised by Mr.. Briesenick in
reference to the same alley. In 1904
Mr.. Briesenick presented similar
petition to the present one. 1t was
referred to then City Attorney Good
year. Mr.. Goodyear made an eX
haustive examination of the questions
of Jaw involved; and in an elaborate
opinion, held that the city should not
take any action in the case. For your
information, 1 herewith attach his
opinion.
In 1909, Mr.. S. J. Gorton, by petit
ton, asked for the opening of an
ether alley between H and l streets.
This petition was referred to the then
City Attorney Whitfield. Judge Whit
field filed a clear and lucid opinion,
in which he said, 81 would advise that
if a lane or alley had been wholly or
partly closed, and only private inter-
ests affected thereby, that the city
take no action, but leave the person
or persons to resort to the courts,
and have the legal status of such
property judicially settled" This
opinion is attached hereto.
Should the city, in the present in
stance, order the opening of this al
ley, it would reverse its attitude upon
the Identical question, twice approved
by it in the past eight years; and in
one instance, the same petitioner pre-
senting the same alley in controversy.
Such change in attitude, however,
on he part of the city would be ad-
visa5le, and even demanded. if it's
previous action was founded on error;
but my investigation in the premises
confirms me IN the correctness of the
legal views as expressed by Mr.. Good
year and Judge Whitfield.
There are more than one hundred
and fifty of these narrow blind al
leys in New Town. They are not,
and never We're, public alleys. All
of This portion of the city was form
erly owned in one tract by private
individuals. In 1897 George Bald
win. at the instance of the owners
of the property, made map of the
same. On this map the lots, streets
and alleys were designated. These
small alleys We're not expressly dedi-
Gated to the city, and were for the
convenience of the purchasers Of the
adjoining lots, and the subsequent
closing Of those alleys y the adjoin-