Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-07-28
COUNCIL HAS NO POWER
TO ALLOW CBADE DAMAGES
Administrative Board Has Sole Jur-
isdictfon in Handling Claims
OF This Character.
ANDERSON SUBMITS OPINION
Holds That Redress Can Be Obtained
by Property Owners Only by Ap.
peal to Hastings Court, After Ac.
ton by Board.

In an opinion transmitted yesterday
AFTERNOON to the Council Committee on
Claims, Assistant City ATTORNEY George
Wayne Anderson Informs that BODY
that neither 1t nor the Council has the
power TO entertain claims for damages
arising from grades changed by the
Administrative Board and that the
last-namcd body alone is authorized by
tho charter TO make settlements for
such damages.
The ruling is one of the most i'm
portant that has been handed down by
the> CRY Attorneys office since the Gre
alton or the board. 1t will have the Of
rect of relieving the Claims Committee
Of a mass of business which has hecn
accepted hitherto under a mistaken in
depreciation Of the amended charter.
and which has clogged the commit
tees calendar to the delay Of other
business.
COUNCIL AND COMMITTEE
HAVE EXCEEDED AUTHORITY
In the light of Colonel Anderson's
ruling IT is clear that the Claims Com.
mittee. as we'll as the Council. have. on
number OF occasions In the past ex-
ceeded their authority in allowing and
awarding grading damages after such
damages had been denied by the board
According to the ruling presented to
the committee. appeal from the Ad-
HilHistratiNe BoardS awards can be
taken only to the Hastings Court
While the ruling will eliminate from,
the committees docket all claims aris-
ing from grades established BY the Ad-
ministrative Board, it will not preclude
the committees consideration of claims
arising from grades established before
the board was created.
Such claims will still continue to he
considered by the Claims Committee
and the Council
In answer to thu committees request
for ruling on its jurisdiction in this
matter, Colonel Anderson submitted the
following written opinion:
First, under Rule 30 OF the CITY
Council, no claim for damages should
be referred to the committee unless in
writing and verified by oath or affirma-
ton.
Second. any claim to grade damages
properly before the committee should
be first referred by it to the Admins
trative Board in accordance with sub
division 3 of Rule 80.
Third. since the Act Of Assembly an
proved March IL, 1912, and the amend
ment of Section 30-g of the city char
ter, approved February oS, 1914, no
claim of grade damages where the
grade is changed by the Administrative
Board. should come before the Coun-
Gil or the committee at all. for the act
of 1912 requires the board itself when
ever 1t changes a grade, to ascertain
what, II any, damages are suffered by
the abutting owners
In making such determination the
Administrative Board acts as a court,
and the appeal of dissa tisaed parties ia
TO the Hastings Court of the city and
not to the Council For the Council or
the committee, therefore. to entertain
such claims. when based upon a change
of grade ordero by the board will be
equivalent TO the Council setting aside
the proceedings of court and grant
ing redress when 1t has been judicially
ascertaincd according to law, what, II
any, damages have been suffered
If any such claim finds its way to the
committee, it should be referred to the
Administrative Board, under Rule 30,
and upon the report of the board that
1t has passed upon tho claim. the COM
mittee and the Council should reject
the same and leave the petitioner to
his remedy at law.
Fourth, If by any chance such claim