The Barre daily times. (Barre, Vt.) 1897-1959, 1915-02-10
To Force Barre to Lower
Grade of Warren Street
About Twelve Feet
AND PAY DAMAGES
TO HOUSE OWNERS
Bill in Chancery Brought in
Action Which Began a
Dozen Years Ago

Claiming that the city OF Barre acted
without due process in law in raising
the grade OF Warren street dozen feet,
that their premises on the westerly side
were made uninhabitable because the lev
el of the street was even with the caves
Of their house and that they have been
deprived OF income from the property,
| Kate Collins and 0. r. Collins of Spring
| field, Mass, and the Capital Savings
Bank & Trust Co. of Montpelier, mort
gagee, have brought suit in ehancery to
compel the city to restore the street to
its former grade and to pay damages for
loss sustained. Papers in the suit were
served ON City Clerk Mackay by Deputy
Sheriff II. G. Lawson yesterday, and the
matter was reported to the board OF al
dermen at the regular meeting last even
ing.
The suit dates back nearly a dozen
years when the hearings were first held
on the proposed change in the street, X.
S. Currier being chairman of the street
committee then. G. A. and Cora Church
ill were the owners OF the property IN
question at the time. which was Dec. ;,
1908; and the orators in the suit admit
that notice was properly served on the
Churchills for hearing on the resurVey
and relocation of the street, that said
hearing was held and that no question of
damages was raised; but they maintain
that no notice for a hearing to regrade
the street was given and that no hear
ing on a regarding was held and that
Al - tR, fGtF hg Grade ~
varying heights over period OF years
was invalid
The Collins came into possession OF
the property on March ~ l90s, and no
steps bad been taken then to regrade the
street; and in the meantime the property
had passed through several hands. Short
ly after that date they mortgaged the
property, consisting OF house and lot,
10 the Capital Savings Bank g. Trust Co.
They aver That on March 81, 1908, the
property was worth between $500 and
81 900 and that it Is now worth less than
$500 by reason OF the earth and stone
dumped into the street. They further
assert that they have been deprived OF
$3.50 annual rental.
Ii will be recalled BY those familiar
with the situation that another house
was rendered in q somewhat similar pO-
stion below the street level following
the changes effected in the years follow
ing 1905; that this other house WAS
bought from George Bond by Z. n Nor |
mandeau and that the latter raised his |
house and filled in 20 that his house now |
rests on 4 level with Merchant street, at |
the intersection with Warren. Meantime /
II - I.fs 4 .,sAI D
il finally became vacated and has been l
30 for year or more.
Now the owners. asserting that they 4
have no remedy az law against the city .
bring the bin in chancery and petition 1
that the city Of Barre be compelled ny /
the decree and order of the court 10 re-
move from said Warren street the large /
of earth and stone which have 1
been deposited upon said street in front 4
Of the dWeliinghouse on the orators /
premises aforesaid 20 that the grade oi
said Warren street At that point may he
restored 20 the grade a. il existed before
said earth and stone were deposited upon
Il. 50 as TO render the orators enjoyment
Of their said dwoilinghouse; with the
az safe. wholesome and ft
tor the habitation thereof as the same
was previously to the commence ment of
said depositing of earth and stone AZ
Aforesaid"
IN addition the orators ssk for dam
age. as the court may see it. Tho city /
i ordered to appear IN court within 40
aavs 20 answer the bin Tho aldermen 7,
last night recalled the later chapters Of
the case and referred tho matter 70 the
city attorney 10 investigate.
Charter Amendments Not Ready. Il
The several amendments b. the citr Z
charter which g was bored 90 have iR
shape ready for framing in a hill % be
presented 90 Tire legislature were sot
ta7urietelr satisfactory last evening. 0re
-riatipr 10 ths right 10 uss money from I
Idg fanes n repairing hooks. as wen Hs
.ufine boolls. for the lihrarr. uas est
sfaetufv. Anathrf rclating tu rights of
dtisuals ~ build siaenaiks was fe-
erred hadl 30 fie iegi.latitr camnitfrr. 1
4 third proposal regarding ifFfiur % .
,iaftna ouners faI olirc ar wateriue
trests eas rsfsrc5 o. tie ieaisiattre
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