Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-02-08
CITY ATTORNEY FILES REPORT
Several Cases Disposed Of during
Past Year.
Unpaid Sidcwaik Assessmcnts Hans on
Outcome Of Perieman Suit-Rail-
road Taxes Await New Surveys
Of Property.

city Attorney IT, s. Peck filed his an
nual report with the city clerk Mon
day. 1t reads as follows:
TO the Honorable City Council uf the
City Of Burlington
Gentlemcn
In entering upon the duties Of the
office of city attorney ! found quite a
fcw suits pending in which the city was
Interested, being the accumulation of
several years but the fault Of no one in
particular az will be seen from this re-
port
Il. j. Walker and others against the
city was petition entered in the county
court asking for the appointment of COM
missioners to lay out a public highway
from st. Paul street to South Winooski
avenue to be called O'Neil street. This
matter had previously been heard by the
street commissioners and the petition de-
MED. The court appointed F. G. Fleet
wood G. =. Van Vliet and f. W. Henry
commissioners. The necessary earrings
were had and the commissioners have
filed their report, finding that the public
good and convenience of the inhabitants
did not demand the opening of such a
highway. in effect denying the petition.
Another petition was brought before
the street commissioners signed by
numerous taxpayers praying for the ex-
tension OF Bank street to South Union
street. The required hearings were had
but no report has been filed by the com
missioners.
Still another petition was brought be-
fore the street commissioners praying
for the extension Of Allen street west
ward to North Champlain street. Hear
IN q len.
port has been filed.
A suit in ejectment was brought some
years ago by the city against one Daniel
MansOur at the time Depot street was
opened. seeking to GUST him from a
fringe of land claimed by the city to be
n part of the west side of the high way
on North avenue and nearly opposite the
west end of North street. After bringing
this suit the city improved this part OF
said avenue. laid n sidewalk, curbed and
guttcred the street and charged again
the abutting owners part Of the cost of
such work. thus practically abandoning
its claim made in that suit upon my
recommendation the board Of aldermen
directed me to enter a discontinuance OF
said suit and 1 did So
Another like suit by the city agains,
the Baldwin Refrigerator company is still
pending. If the city'S contention is sound
and its claim is established considerable
damage would result TO the defendant
| company az some of it's buildings seen,
to be within the limits Of said Depo,
street. This street is not yet put in
permanent condition and IL is though,
that when SO done some amicable adjust
lnent can be made without seriously in
juring desirable industry.
The 1sham street extension is still or
Il bot ne 30
sioners have been appointed but the petit
| toners have made no move for near.
! ing.
More than score of years age
Lafayette place" sn-called, was opened
by the owners of the land for use rs a
street, but the same had never been for.
mally adopted by the city as a highway
| j. V. Sturtevant owned and now owns
| the house at the head of said place
! and has claimed to own "A lot about q
feet. north and south. at the head n
said Lafayette place which has beer
used by the public. The street commits
sioners laid out Lafayette place" givine
proper notice to the abutting owners, but
Mr. Sturtevant objected to their actor
and brought his petition to the count,
court for the appointment OF a rev com
mission. This suit of his has been set
tied, with the advice and consent of tn,
board Of aldermen. by his conveying b,
! quit claim deed his interest in this lo
! to the city in consideration that the cit,
do certain work at the head of this stree
by laying cross walks. etc near hi
house and for his benefit This is
most desirable outcome OF the contro
vcrsy which has been pending for some
time between him and the city.
Several minor prosecutions have beer
brought against different persons for vic
latiUns CT the city ordinances, convio
| treasury.
Burlington Light d Power compan,
against the city is a claim to recov c.
damages for an alleged breach of con
tract made some years ago by the cit,
as TO the joint use Of certain poles an,
bitches Of the plaintiff by the city ligh
department M. c. Weber Of Rutlans
was appointed referee and his report ha.
been filed. Plaintiff claims to recover
about s.. 4O0 with some interest A hear
| ing will soon be had on this report ant
as there are some grave questions OF law
deemed of Importance to the city. tn,
case will probably be carried to the su
preme court for final determination.
Isaac Perieman brought a suit agnins
the city To test the validity OF the char
commissioners Hereunder in laying al
assessment for the costs of street i'm
provencnts made in laying a sidew all
and curbing and guttering the street OF
which his property abuts. A hearing wa.
had before the city court and the find
ngs were taken by Mr.. Pcrleman ant
1t is expected that the case will pass t,
The supreme court. Several other tax
payers have refused to pay their assess
ments for like street improvements pend
ing the final disposition Of this case
This suit will be ready for hearing i,
the supreme court AT its May term
The suits pending between the city an,
the Central Vermont Railway compan,
and the Rutland Railroad company in
volve. in part. claims of the city fo
unpaid taxes. Just what property of tn,
railroad companies is SO used by then
for railroad purposes and not subjec
under the law to local taxation ha.
always been a mooted question. Tn,
city and the railroads have never beer
in agreement as to this matter. A SINH
lar suit brought in Washington count,
court against the Central Vermont Rail
way company upon claim for unpait
taxes was recently decided which throw!
some light on the controversy between
the city and the railroads. The cit!
attorney is informed that new surveys
of the railroad property in the city vii
be made in the early spring and wheI
so made the attorney of the Contra
Vermont company has promised me tina
he would take the matter up and withou
doubt an aInicable agreement can b.
made as to the liability u this railrpat
company to pay certain portions Of thu
unpaid taxes claimed by the city IL
vi. ~ n mi w