Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1922-06-30
Fishers Hill Again In Court

Fishers Hill Again In Cour
81 A Special Meeting Of the Boart
Iof Supervisors Of Shenandoah County
II vas held in The Court House or
Il Friday, June %, 1922, to consider the
matter Of laud damages caused by the
:, |change Of the Valley Pike at Fishers
Hill. M. L. Walton Sr. represented the
e State Corporation Commission, c. B.
IGeyer of Strasburg was attorney FOR
flC. M. Chiles, and Commonwealth At
| Itorney G. E. Pence represented the
County.
Il Commissioners appointed to assess
damages incident to the change OF the
road across lands of C. M. Chles Were
1T. w. Allen. Charles w. Heater, Wa.-
tier M. Stiokley, and Charles F. Head
Hey. These gentlemen with the ex-
Iception of Mr.. Headley met at Fishers
Hill on June q, but on account OF the
Iabsence of Mr.. Headley the assessment
Twas postponed. The case will come
before Judge Whiting in vacation at
lBerryville.
In the condemnation proceedings OF
the State Highway VS.. c. M. Chiles
and others now pending in the Circuit
Court of Shenandoah County. This
matter came on to be heard before the
Board of Supervisors of Shenandoah
County, who were, by the Circuit
Court of said County, made party de-
PENDANTS in said proceedings for the
purpose of ascertaining the views of
the Board LIST How the Firhers Hill
Road and the Sandy Hook Road may
be extended to reach the Pike. 2nd:
How the Countys interest will be eff
fected, and what right-ofway will be
provided for the people living on or
adjacent to that part of the pike that
will be abandoned if the proposed
change in said pike be made as is now
proposed by the State Highway Com |
mission mentioned in the above pro-
ceedings. Upon evidenc C NJ. Chiles |
will claim the old road bed under sec |
ton 1879 Code of Va. 1919, if the pro-
posed change be made, and the State
Highway Commission having failed
to provide road for the people living
on that part Of or adjacent to the part
of the Pike that is abandoned.
Therefore, the Countys interest is
involved and burdensome to the Board
if the proposed change be made.
The proposed change is Rejected and
with the consent Of the Attorney for
the Commonwealth, the Bofrd of Sup
ervisors of Shenandoah County Nir-
gnia begs leave to file the following
exceptions to the suggested change in
the road as set forth and contained in
paper X which is filed as a part OF
the order in the case Of Geo. F. Cole
man, the State Highway Commissioner
of Virginia vs. e. NJ. Chlcs SC and
Gertrude Fisher sc.
LIST, the Board does not believe that
II Is proper to continue the Fishers llill
Road east Of the present location Of the
Valley Turnpike on and along the east
ern bank Of Tumbling run to the pro
posed change Of the Valley Turnpike
because the same could not be main
tanned except al great expense and
cost to the County as it Is impossible
to so build locate and construct said |
road as to be above high water, and |
thus this particular section Of the road
proposed to be built, would continually |
be overtlown and washed out as is APP
parent from the present condition OF
the public road now located on Tumbl- !
ing Run, lying and being east OF the
Valley Turnpike.
2nd The board is further of the opin-
ion that the grade necessary TO be con- |
structed, so that the Valley Pike as pro- |
posed could be reached could not be |
maintained except at considerable eX-
pense and cost due to high water, but |
it is very apparent that the road lead |
inc from Fishers Hill to the Valley |
Turnpike as now located, is above high |
water and will not be overfloWn at any |
time to such an extent that will damage |
the road bed. And further if this road
is continued as it now exists It IS pos
sible to reach the Valley Turnpike even
after the proposed change OF said pike
in detour of only about one or two
yards and without any grade whatever
land in much shorter distance than
by the proposed change Of said Fishers
Hill Road.
3rd: The Board further believes that
lit is not expedient or proper to build
the Sandy Hook Road under the bridge
of the proposed Valley Pike as set forth
in paper *.
The Sandy Hook Road should enter
the said Pike on the side thereof and
near the said bridge thereby taking the
Sandy Hook Road out OF the bed OF the
creek, and making it accessible to all
people living east Of said pike and fur
Their that it is absolutely impossible to
maintain road under the said bridge
as the said road if so located would be
in the bed Of Tumbling Run.
4th: The Fishers Hill Road should
lremain as it now is without any change
whatever.
The Board of Supervisors.
By Gilbert E. Pence, Atty.