Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-07-02
APARTMENT HOUSE PEOPLE
WILL ASK FOR MANDAMUs>
Counsel for Company Serves Notice
That Writ Will BE Applied
for on Tuesday.
COMPEL APPROVAL OF PLANS
Lafayette Company Prepares to At
tack Validity of General Ordinance
Under Which Council Last Month
Fixed Grace Street Building Line.

Counsel for the I.afayette Apartment
Corporation served notice on the Board
OF Public Safety Yesterday that they
VIII on next Tuesday apply to Judge
Crunp. of the Law and Equity Court
for a writ OF mandamus to compel
the building Inspector TO issue a per-
NIT for the construction OF an apart
ment house at Grace and Shafer Streets,
in accordance with the original plans
filed In his Office.
The petition will allcge that the re-
fusal OF the Building Inspector to APP
prov" the aDartmcnt-hOuse plans pend
ing the passage Of an ordinance lay
Ing down Il building line which re-
duccd the depth OF the lot on which
II was proposed to place the building,
has resulted in a practical confiscation
OF the petitioners property without
proper compensation.
Notice of tho impending petition for
a writ OF inandamus was served upon
Building Inspector Butler and upon the
three members Of the Board of Public
afety-Mayor Ainslie City Engineer
Boiling ana Fire Chief Joynes.
BuILDiNG-LIXE ORDINANCE
TO DE TESTED IN COURT
While the petitioners Will ask that
the Board OF Public Safety he ordered
hy the court TO hold another meeting
and reverse its decision of June IA,
declining TO order the Building In
ground that it was without jurisdic
ton, the real fight vii, ultimately be
directed against the general ordinance
for the fixing of building lines, which
was approved by the Council on April
80, 1913.
This ordinance empowers Il majority
OF the property owners on any resi-
dental block in the city to petition
the Council to fix a permanent building
line. Such petition. the ordinance pro-
Tides, must be submitted 10 the Coun
ell, which. acting in the regular man
ner. is given the power either to APP
prove or reject the building line pro-
posed. or TO fix any other building line
for the block in question that it may
deem TO be in the interest o. the gen
eral welfare of the residents of such
block.
Acting under this general ordinance
the Council last month passed a special
ordinance fixing the building line on
the south side of Grace Street, between
Shafev and Harrison street, at twenty
feet south Of the property line. The
measure was fought in committee and
on the floor OF the Council by the La
tayettc Apartment Corporation, which
de:na nded a line twelve feet nearer the
sidewalk
FIGHT AGAINST LINE
WAS INTEREST IN YEARS
The nght against the particular
building line in question was the bit
tercst in years. The apartment house
corporation charged that the fixing OF
the twenty-foot line reduced the depth
of its lot at the southwest corner of
Shafcr and Grace Streets to such an
extent as 10 make it impossible TO erect
upon the property an apartment house
which would insure q reasonable re-
turn on the investment.
Building Inspector Butler withheld
his approval OF the apartment house
plans until the builiing-line ordinance
was disposed of. on June Il the Board
of Public safety heard an appeal from
the Lafayette Apartment Corporation
asking that that body compel the
building Inspector 10 issue the per-
nit which. ii is claimed, was Illegally
withheld. The board decided that IL
was without jurisdiction, and dismissed
the appeal
1t was admitted yesterday by VIII
liams & Mullen, attorneys for the pc
titioners, that the action to be inst!
tuted on Tuesday means in fact a test
of the general ordinance under which
the Council last month passed spe-