Arizona republican., 1920-03-13
BY COURT DECISION
 PHOENIX WINS STRIP
 0F VAN BUREN ST

The city Of Phoenix is the owner ot that section of Van Buren street which Julia Mosher Collins. Hattie Mosher and William E. Lount claimed as q part Of the Lount tract. according to the decision yesterday of Judge David P Dyer of the federal court
 The strip in question is located on the north side of Van Buren street be- tween Central avenue and Second street and is 33 feet in width and TAO feet in depth. It has been open and used as a public highway since 1871, when the board of supervisors opened the street The first protest instituted in the federal court was brought about by the city's attempt to pave the road While the evidence was conflicting, the court stated that he was satisfied the plaintiff was not entitled to recover. The decree, the court stated, would be signed this morning.
 The plaintiff contendeG that the property had not been dedicated to the city and that the city did not have the right to acquire the strip of land by long continued use. It was held by the plaintiff that the city must condemn the property in orGer to acquire it since it had not been dedicated.
 l. E. Woodward, counsel for the plaintiffs, declared that his clients were not standing in the way of paw ing public improvements
 When we put in pavement we pro-
  stand. We will stand the expense of paving when a cement base is use6," he said.
 It was shown by the citys counsel. Judge Richard F.. Sloan and J. F.. Nel- son. that at least from 1906 no taxes were paid on the strip of land in dis pute by either the Lounts or Moshers- The property according to Judge Woodward is worth between S35,000 and s40.000.
 
 in the court by witnesses who have lived here almost half a century. While there were differences in views and recollections. many recaile6 the cultivated farm that was known as the King Woolsey place. later as Dr. Con- yer's ranch and still later purchased by Samuel D. Lount father of Mrs. Mosher and w. l.. Lount and grand father of Mrs. Collins. the plaintiffs in the case.
 Mrs. Mosher was the only one of the plaintiffs present and was on the stand the greater part of the morning. She testified that when the family first came into possession of the property it was a large farm and that they later gave the right of way to the street car to cross First street. She said the city had never asserted any rights to the property until the present time and that they in turn had never objected to the public travelling over tnelr property She said, aS she re- membered. it was first enclosed in barbed wire fence. r.. NJ. Mills and Victor Recewill appeared for the plain tiff and told of the line as they re- membered it.
 Clarence Standage clerk of the board of supervisors. read the minute record of the board of supervisors made March IS. 1871. to the effect that the board had the right to open public highways when it deemed expedient, the width of the road being given as 6e feet At a May meeting in the same year. according to the record. the beard opened Van Buren street as q public highway.
 H. H. Patrick, a civil engineer and surveyor in Phoenix Al years ago, and Homer Turney. civil engineer who sur veyed the place in years past. were the next witnesses called by the city att torneys. George KirIlan6s deputy city assessor and tax collector, testified that the Lounfs and Moshers had not paid taxes from 1906 to his knowledge. Avery Thompson. city manager and | former superintendent of streets. stated | that there had been no change in the | width of the street in the past r | years. The full wicth of the road has | been graded and sprinkled during those | years without protest he said. Other | city officers testified to the same ef- | feet.
 Judge Sloan submitted his case with { out argument and there was only a | brief argument offered by Judge Wood | ward.