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The Elkins Inter Mountain
Elkins, Randolph County, West Virginia
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West Virginia Supreme Court of Appeals upheld a decision allowing Huntington to repave three streets despite protests from property owners J. F. Tolswode and others, ruling that municipal authorities determine the need for improvements, not owners' opinions.
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CHARLESTON, W. Va. Sept. 30—Municipal authorities are not the personal opinion of owners of abutting property are the determining factors in deciding whether repaving is needed, the Supreme Court of Appeals reiterated today in deciding against J. F. Tolswode and other property owners who protested paving of three streets in Huntington.
The court upheld the Cabell County Circuit Court which had sustained the city's demurrer, to a petition by the owners for an injunction against paving of Third and Fourth Avenues and Eighth Street. Their claims that the paving in these streets, laid about 20 years ago, was sufficient and that the repaving was only to beautify the city, the court classed as opinion which did not make out a case of arbitrary or capricious action on the part of the board of commissioners, who it is declared, had both the authority to determine whether improvements were needed and the nature of paving to be laid.
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Domestic News Details
Primary Location
Huntington, Cabell County, W. Va.
Event Date
Sept. 30
Key Persons
Outcome
supreme court upheld cabell county circuit court's decision sustaining the city's demurrer; injunction denied; city's authority to repave affirmed.
Event Details
Supreme Court of Appeals decided against property owners protesting repaving of Third and Fourth Avenues and Eighth Street in Huntington, ruling that municipal authorities, not owners' opinions, determine need for repaving; original paving about 20 years old; repaving not deemed arbitrary.