Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1921-03-01
WESTERLY,

tate company eE al, was opened before
Judge Chester W. BarroRs in the super.
ioar> court here Monday morning without
q jury. Attorney General Herbert A
Rice and Town Solicitor Harry 5. Agafd
appeared for the state and Waterman,
Greenlaw and Dunn are counsel for the
| respond nts
The state asks IN the amended bill for
a permanent injunction to keep open the
new layout on the Shore road for public
use The compliments pray that the re
sponAents, the Frank W. Coy Real Estate
company Frank W. Coy and Katherine
r. Welch, and each Of them. and the
servants and agents of each of them,
may be temporarily and permanently en-
| Joined frena placing, erecting or creating
any obstruction to the public travei on
| the new layout, known as the Shore
road, and from interfering in any wise
with the public travel, either by foot or
| by vehicle over the new layout ard from
displaying any sign, notice OF warning Of
any nature that said highway Is private
lproperty, ,or not to be used by the public,
For that the use Of said new layout by
! the public would constitute trespass or
violation of the law and further that the
new layout Of said Shore road as de-
seTibed and delineated IN the SURVEY Of
| the state board Of public roads, herewith
/
nently appropriated and dedicated to the
public as a public highway.
| The amended bill Of complaint, as pre-
sented by Attorney General Herbert A.
| Rice. sets forth that in 1919 the state
board Of public roads proposed to regrade
and reconstruct the Shore road and that
| plans were made and contracts for the
| performance Of the work were entered
into. Land on either side Of the high
way for a distance of about $500 feet is
ewned by Frank w. Coy and katherine
r. Weleh. The respondents conferred
With state and town officials and asked
fer change m layout. The state board
of public roads assented and at the re-
quest and upon the invitation Of the re-
spondehts and with the consent ad ap-
prevail Of the owners of the land The
state board entered upon the land Of the
respondents and made a new layout The
survey and new layout was made with
the understanding and with the intention
OF the respondents that the new layout be
| appropriated to public use. Pursuant to
these understandings and with the CEN
sent Of the respondents the state board
| went on to construct bitdnineus ma
cadam surface at an expense of $4,000
with the knowledge Of the respondents.
The road was completed IN June, 1918,
ana opened TOT the use OF the PUBIC. Inc
old l4ighway, which had not been used
or repaired. Iever has been abandoned
legally by the town council.
While the matters were in this sItua-
ltion the respondents attempted to stop
the public from using the highway. Long
after the completion Of the layout differ
ences arose Between the respondents and
the town Of Westerly with respect to an
asref4nent Of Sept. 1S. 1912, and d suit
was brought against the town for 5000
The plaintiffs were nen-suited IN this
lease. which was tried in the superior
court in March. 1917. During the same
month Of 1917 exceptions were flied In
the supreme court which are now pend.
ng.
! The Bill further states that for. feul
years the respondents made no objections
10 the use Of the highway, but in May
1917, erected and created obstruetietis
in the highway which interrupted pubic
conreniences. The state then moved feI
a preliminary Injunction be granted te
keep open the new layout for public use.
George H. Henderson, deputy chief en-
gTIeer Of the state board of public roads
was the first witness called for the state
this morning and he testified as to plats
flied IL the Office of the state board OF
public roads of the Shore road layouts
George p. Wellington, clerk of the
state board since Jan. 1. 1921. and a