The Bridgeport evening farmer., 1912-08-26
INJUNCTION IS DENIED FAIRFIELD
 AVENUE MERCHANTS
Judge Curtis Won't Issue Restraining Order With
 out Hearing

The work of paving Fairfield ave nue on the piece-meal plan Wnlcn IS contemplated, will not be h1ndered at once by injunction proceedings De = l cause Judge Howard J. Curtls oI Superior court does not care to grant restraining order without a prior hearing. Attorney William T. Red den, as counsel for William F. Kirk one of the largest property owners on the street, appeared before Judge Curtis this forenoon with a petition for an injunction against the Paving and Sewer Commission to stop the work.
 Judge Curtis after considering the petition, explained that he didn't care to issue the injunction under the cir cunstances without first conducting a hearing in the matter. MT. Kirk con- sidered it useless to ask for a hear ing, inasmuch as it is usually, the attitude of the court that matters of that particular kind are best left with the city government to be thraShed out.
 MT. Kirk and MT. Redden drew up the. petition last Saturday. They felt that it would be a difficult matter to secure an injunction but were anxious to see what could be done. It was realized that in asking the court to grant a restraining order it was ask ing the court to settle a matter
 
 respective municipal board to handle. It was anticipated that the court wouldn't care to come in and inter- fere with the work of. a municipal commission, yet MT. Kirk was eager to prevent the piece7meal job that is tio nmight avail something.
 In the petition MT. Kirk made known his reasons for being opposed to having the street paved under the plan that is contemplated. In an in- terview he said that he was acting solely upon his own initiative, and was not in cooperation with other prop erty owners on the street T think it will be mighty unfair to saddle off on the property owners of this street an@extraordinary expense for having permanent paving laid and then a few months later have the work torn up again and the property owners fur fer additional expense. It doesn't do a paving any good to be torn up af- ter a few months from the time it was first laid. The condition of the street is bad enough as it is without making 1t worse by paving only a part of 1t and leaving a depression between two and four inches deep in the center un- til the courts decide what should be done about ten-foot centers."
 Mir Kirk, in his petition, points out that the street b@sweep Main and Courtland streets, is 36 feet at the present time and that according to the plans for repaying, it Is planned to pave out a distance of about nine feet from the north curb and about eight feet from the south curb, leaving a space of 19 feet in width to be later paved. From Courtland street to Park avenue the width of the street is 39 feet and half, and it is plan ned to pave out distance of about II feet from the north curb and II feet from the. south curb, leaving a distance of about IT and onehaIf feet to be paved later. The relocation of the tracks under the ten-foot cen ter arrangement makes it necessary for them to be- placed, in the center of the street. Until the settlement of the controversy over the ten foot centers there is much additional area of pavement that the city may be re- quired to construct or a portion of that; planned to be constructed by the city may be pavement which it would be the trolley company's duty to. con- struct. He claims that to proceed in the matter stated is "impracticable, expensive and absolutely contrary to good engineering practice.
 Tn the petition he. says: .ssas.1-s
 eff the city's portion is paved on the grade at present planned, and the portion in the center of the street re- mains unpaved, the center of the street will be for almost the entire distance from Main street to Park avenue depressed from. two to four inches below the level of the sur rounding street and pavement, which will be extremely dangerous and in- terfere with the safe use.
 Tn constructing the pavement as planned, it will require approximately six. thousand lineal feet of curb on the outer edge of the wood block pave ment. and the cost of this curb from bids submitted to the said commission is approximately $3,000, and this curh would have to be removed when the balance of the pavement is laid"