Montgomery County sentinel., 1952-10-23
NO. 1871 Equity
Order of Publication

The petition of James R. Miller
and Lee c. Miller, his wife, and
Virgil o. Dove and Mabel V. Dove,
his wife, states:
That the petitioners, James R.
Miller and Lee C. Miller, his wife,
are the owners in fee simple of
property located in the 9th Elec-
ton District of Montgomery Coun-
ty, Maryland, known as Blocks %
through 38, and a portion of Block
&c., in subdivision known as and
called "LAYTONIA," as per plat
recorded among the Land Records
Of Montgomery County in Plat
Book 2, Plat 143, copy thereof be-
ing filed with said petition as Pc
titioners' Exhibit No. 1.
That the petitioners, Virgil o..
Dove and Mabel V. Dove, his wife,
are the owners in fee simple of
adjoining property, known as Block
81, "LAYTONIA," as per plat re-
ferred to herein.
That an examination of said plat
reveals that at the time the same
was recorded, a certain street call
e! Willets Avenue was delineated
thereon between Lots SO and 81;
that the same is $50 feet in length
and is located approximately paral
lei to and within $50 feet of the
Redland Road, being the arterial
right-of-way serving the said sub
division; that said Willets Avenue
serves no useful purpose in the
development of said subdivision
and that the abandonment of said
street will in no way damage any
one, but on the contrary, will pro-
mote the more orderly development
of said subdivision.
That an examination of said plat
reveals that at the time the same
was recorded, a certain street call
ed Frazier Avenue was shown upon
said plat, and that the same is To-
Gated so that at some points the
street is within ITO feet of the
aforesaid Redland Road; that the
opening of Frazier Avenue would
not promote an orderly develop
ment of the aforesaid subdivision,
and the abandonment of that por-
tion of Frazier Avenue lying be-
tween Williams Street and Hill
Street, and between Chestnut
Street and the easterly boundary
of said subdivision, would promote
the orderly development of said
subdivision.
That no damage can in any wise
be sustained by persons other than
your petitioners should Willets
Avenue and the aforesaid portions
of Frazier Avenue be Abandoned.
That neither Frazier Avenue nor
Willets Avenue has at any time
been opened to public use nor ac-
cepted by Montgomery County for
maintenance, or for any other pur-
pose, and that there are no public
utilities lying within or occupying
that portion of the aforesaid
streets for which this abandonment
is prayed.
1t is, thereupon, this 29th day
Of September, 1862, by the Circuit
Court for Montgomery County,
Maryland, sitting as a Court of
Equity, that all persons having any
interest in or affected by the
abandonment Of Willets Avenue
and the aforesaid portions Of Fra
zier Avenue, referred to in the pc
tition herein, appear and show
cause, if any they have, why an
order should not be passed as pray
ed, on or before the 9th day OF
October, next; provided a copy Of
this order be inserted in some
newspaper published in Mohtgom-
cry County, Maryland, for three
successive weeks before the 25th
day Of October, 1852.
STEDMAN PRESCOTT,
Judge Of the Circuit Court for
Montgomery County, Md.
True Copy-Test: