The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-31
LAND COMPANY
SEEKS DAMAGES
Claim Advanced That Virginia
Avenue Sewer Injured
It's Property.
WOULD COMPROMISE CASE
Now Ask for Sewer and Water
Rights and So, 900
From City.

At a meeting of the Council snb-com-
mittee on claims, yesterday afternoon
Attorney Willis b. Smith presented the
claim of the Riverview Improvement
Company for damages by reason OF the
construction of the Virginia Avenue
sewer. The negotiations were informal
and Mr.. Smith retired 20 consult ms
clients before deciding 20 accept the
city's counter proposals.
About two years ago the CITY con-
structed an enormous sewer in the
southwestern section of the city. ne
original surveys at the time OF tne
annexation of 1906. proposed following ne
winding ravine through Maymont. the
country home of Major James n
Dooley. When funds were provided
for construction, Major Dooley orered
20 pay the city $50, 900 to be released from
the consent he had given, holding tha1
construction would be detriment 70
his place. New surveys were maae.
and City Engineer Boiling recommended
tunnel!ing through the brow of the hill
for nearly half mile, direct 10 the
river. His estimates showed that TINS
would be much moro direct route Tor
the drainage, would be cheaper IN
construction, and would throw the
sewage in the river much lower down.
The Council approved the change IN
plans, but for some reason never very
clearly explained, did not accept Major
Dooley's money.
Had Consent of County Board.
Consent OF the Board of Supervisors
OF Henrico County was secured lot
tunneliing under Virginia Avenue. IN
Riverview, the route proposed by Mr.
Boiling, the city in return to grace
section of the street over raVihe'
which il did. Property owners IN
Riverview sought by numerous l1tiga-
ha n dal1V and defeat
the city's efforts until they were given
certain concessions, and were on appi-
cation of City Attorney Pollard, nnally
enj Joined by the courts from interfering
with the progress of this puollc I'M
provement on the ground that after the
work was done and the sewer IN use II
actual damages appeared, they hao
recourse against the city
Attorney Smith hinges his case large
Iy on the technical point that though
Virginia Avenue in Riverview has been
dedicated as public street Dy the
promoting land company. ana lots
have been sold to investors with the
understanding that it was a puoiic
street, vet there was no record that the
BOARD of Supervisors of Henrico
County over accepted it. and he there
fore contends that the Supervisors
had no right to grant the city the right
to construct a sewer.
Proposed Settlement.
In order TO avoid tedious court pro-
cedure, the Riverview property owners
proposed to the Council through At
torney Smith a settlement on the basis
that the city allow property owners
along the route the use of the sewer
Wat it extend a water main in Meadow
Street to the boundary of Riverview
and sell city water to residents in that
part of the county, and that 1t pay
damages in the sum of s2.ooo. City At
torney Pollard said he had no objection
to granting the use of the sewer as a
sanitary measure or TO the sale OF CITY
water if the Council thought it proper.
hut no would oppose the payment of
any damages in excess of $500 Attorney
Smith thought his clients would come
down to 81 COO damages. but retired TO
consult them and the committee took
no action.