Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-03-22
JUDGE CONTINUES
ROAD INJUNCTION
Action Taken in Hating Work
on Lee Boulevard Tract
in Arlington.
Special Dispatch to The star.


FAIRFAX, Va, March 2l.-Judge
Walter Mccarthy in the Fairfax County
Circuit Court today continued the tenn
porary injunction granted wednesday
to the heirs of the late E. B. Van Every
Of Arlington County stopping the State
Highway Commission from its work of
clearing the right Of way for the Lee
boulevard through the Van Every
estate.
The judge stated that he would grant
the molten of Charles Pickett, attorney
for the State Highway Commission, to
dissolve the temporary injunction If the
State would put up sufncient bond to
cover any damages that might accrue
to the Van Everys If the case is decided
in their favor. As there IS no provision
under the law for bonding the common
wealth. in case Of this kind, the cross
bill to dissolve the injunction was
denied.
Hearing April 1.
A hearing on the merits Of the con-
tention of the Van Every heirs that the
State now has no title to their land,
will be held April in Fairfax County
Court. Immediately following the trial
Of w. e. Smith of Washington, whose
murder is set for that day also. The
results Of this hearing VIII determine
the ultimate right of Mrs. Van Every
for compensation for the land taken,
and will set the amount OF her damages.
Pickett contended that the State
Highway Commission was acting in
good faith, and that the Commonwealth
Of Virginia through its power of emf
nent domain, can condemn the land If
he I7n1d de hot 40
State does not now own title as claimed,
the Van EveryS will be properly COM
pensated, he said. Pickett further held
that the dissolution of the Injunction
would not work any hardship on the
Van Everys, whereas the continuation
of the Injunction would work distinct
hardship on the people of the common
wealth, by hindering construction of the
road within the limited time available
before 1882. He claimed further that
the Van Everys will benefit materially
from the construction Of the boulevard,
due to the increased value OF the resi-
due of their estate.
Rights Vested In State.
The rights given the Lee Highway
Association under the original option
are now vested In the commonwealth of
Virginia. and the State Highway Com
mission claims that the terms of this
option have been complied with, and
that they have title to the land now
vested in the commonwealth.
Mrs. Van Every, through her attor-
ney, Emery N. Hosmer of Arlington
County, and Thomas Patterson of
Washington, claimed that the option
given by her husband to the Lee High
way Association expired April l, 1926,
before any rights accrued TO the State,
and that she had notified the State
Highway Commission in writing that
she now claimed title 20 all of this
land, through the States failure to
comply with the terms of the option.
She is asking compensation for four Of
her II acres.
Hcsmer claimed that Mrs. Van
Every's rights would be prejudiced by
the dissolution of the Injunction; that
there is no intention of hindering the
State from completing its share Of the
LIE boulevard in time for the 1882 BIZ
centennial; that the State has other
land on which its employees can work
pending settlement of this case Judge
Mccarthy held that If any damage is
caused the State by the delay, it Is the
fault Of the State in not clearing It's
title after receipt of Mrs. Van Every's
letter five years ago. The attorneys for
beth sides quoted many sections of the
code and many previous court decisions
in their arguments Of the legal points
involved.