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0.' <br />p <br />n <br />C1 <br />CD <br />m� <br />m <br />v <br />""'3 <br />y <br />° <br />Oa <br />'C <br />C3. <br />m <br />O <br />i <br />CA <br />iW <br />a <br />M <br />i; <br />(D <br />Cl) <br />"CA <br />14p <br />o <br />CDM4 <br />(D <br />O' <br />O <br />fD <br />.T k <br />.7 <br />3�.3.. <br />H+•, <br />.'."i, <br />CO) <br />Ev <br />✓ <br />' S <br />CD <br />o <br />m <br />a <br />d <br />R. <br />�"" <br />m <br />m <br />t�+*s"°.a <br />tp <br />(�• _ <br />CD <br />CD <br />A.. Communnication from Chas R.Lewinski attorney for Valentine Sroda was presented;; <br />to the Board as follows. _. <br />Honorable Gentleman: <br />In Re:Valentine Srodas <br />" claim,WesternAvenue <br />Along N.Y,C.R.R. <br />There is now pending before the Circuit Court of St.Joseph county,an action <br />�. against the city of South Bend by the Sorda's for obstructions and impediments <br />interferring with ingress and agress to the real property owned by the Sroda's <br />as a result of the elevation of the road bed on Western avenue of the N:Y.C.R.R. <br />right of way. The points involved in this action are very fine and dependent upon --' <br />the attitude of the court and the jury. <br />The City of South Bend in completing the new elevation is about to -:enter <br />upon the commission of a new series of damagee to.the Sorda property.According <br />to an ordiance the City of South Bend is bound to.furnish proper lateral support - <br />to the Sorda land.Since the said lies in the ftm of a triangle with the acute 1 <br />point of the trian..glealong Western Ave at the railroad property,it must certainly;' <br />appear to both engineers of the R.R.and the city that it is impossible to furnish` <br />proper lateral support to a strip of land converging to a fine :Obint,hence our <br />theory of damages in the new action will be certain that the city attorney.Mr <br />Edwin Hunter,though I have not conferred with him ,will agree with me: The retaining <br />wall theory,if the city builds a retaining wall on the land dedicated to the city! <br />or on the road bed it will naturally decrease the width of the street for which <br />again liability rests on the city and damages accrue to the Sordas,another theory; <br />in which I am certain Mr Hunter must agree with me. <br />If again the city should decide to abadond the retaining wall idea and use i <br />the seven feet abutting the Sorda's property to make a slope from the present <br />surface line to a depressed side walk of seven feet,the entire city will be up <br />in arms against the present adminstration for disfiguring the appearance of the <br />street. <br />There seems to be no escape for the city of South Bend from commitiing acts �. <br />in relation to the elevation,which-acts would result in positive damagesto the \ <br />Sordas.Since the damages are positive and can 'be seen and agreed upon ahead of <br />construction,then why not settle with Sroda by takeing over the property and <br />Converting the land which eventually the city.kust pay for,to some use at the time --' <br />of construction thus saving the city considerable expense. <br />We are willing to talk reasonable settlement with the city of South Bend <br />and invite the Honorable Board of PublIc _N orks at any agreed time to discuss such <br />a settlement. <br />Very respectfully Yours, <br />Chas R.Lewinski. <br />x attorney for Srodas. <br />F <br />The matter was referred to the city attorney. t <br />The meeting ourne 10.30 A.I. <br />ATTEST Clerk Bog of Public 'forks <br />