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320
<br />This question is very similar in character to that z1aised on
<br />La Monte Terrace case and as stated by me in that case, ,is on that is not free from
<br />difficulty. Courts nowhere'recognise the right of a person to gain title to a
<br />street or alley by adverse possession but in some States they do recognize the
<br />doctrine that a city or the public may lose its rights in a street by long con-
<br />ti-nued abandonment or disuse connected with a claim of title by a private individ
<br />ual, particularly if.he makes valuable improvements on the property.. In this case
<br />the rights of the City are much clears r than in the La Monte Terrace case for the
<br />reason that the property owner had made no valuable improvements on the property
<br />in question until he erected this garage, at which time the City promptly objected.
<br />It is my opinion that niter the City nor the public has lost it
<br />its right to claim this ground for a public alley by reason of non-use or, abandon-
<br />ment. The question may be decided inone of_ several ways. The owner of the.. pro ert
<br />might be prosecuted under the ixfzral_ law or he may be ordered by the Boaof
<br />Public.Works to remove this"garbage and failing to dodo, the Building Commissioner
<br />or the Police Department would have the right to proceed to tear it down. A third
<br />and perhaps the better one, would be to bring an injuetion suit to prevent the
<br />obstruction of this alley. If the City is not interested in keeping it open, the
<br />property caner on the,.East-of the alley could maintain a suit to enjoin this ob-
<br />struction.
<br />Respectfully submitted,
<br />LEWIS W. HAMMONDy
<br />L. W. H. -FRS. CITY ATTORNEY
<br />FILED
<br />AUG. 2`,1922.
<br />BOARD OF PUBLIC WORKS.
<br />BY L. B SLAUGHTER
<br />President.
<br />The following resolutions were adopted by the Board.
<br />LOCAL SEWER IMPROVEMENT RESOLUTION NO. 10*7
<br />Resolved by the Board of Public Works of the City of South Bono
<br />County of St Joseph, State of *Indiana, That the construction of a local sewer,
<br />intended and adapted only for local use by the property holders whose property
<br />abuts thereon, and not intended.or adapted for receiving sewerage,from collateral
<br />drains, be and thesame is hereby ordered in and along Calvert Street and Kendall
<br />Street from Chapin Street to Ewing Avernte as follows, to -wit:- Beginning at the
<br />intersection of the center line 6f°Chapin Street and Calvert Street; thence east
<br />along the center line of Calvert Street to the center of Kendall Street with a
<br />15 inch vitrified pipe sewer; thencesouthalong the center of Kendall Street to th
<br />the center of Donald Street with a 15 inch vitrified pipe sewer; thence still
<br />south along the center line of Kendall Street to a point 100 feet north of the pork
<br />,line of Ewing Avenue with a 12=Inch vitrified pipe sewer, together *ith the
<br />necessary manholes, storm water inlets, conduits and house connections to the,curb
<br />line along the line of said improvement, all as is more particularly shown and all.
<br />in accordance with -the plans, profiles, detail drawings an file in the office of
<br />the Department of Public Works of . theCity of South Bend, Indiana.
<br />s
<br />"i _ did ,* IU With am i �urLeaene" shalt be ,constructed in accordance with the profile and spec{ftoatiq"t-
<br />a o :ll1 i • ! Slit I'vblic 4Rvs of s&id Tice cost of said improvement ah ti
<br />tY' holder whose pro abate thereon, and upon the Cliff n
<br />€ - rovemeW6 1&'mecoriffag to tine methe* and manner provided for
<br />11t9ke Iadiss� -ea it#ed "An Act Coneerlrit Municipal Corporatiorrm,"
<br />tp�POP r _ : %SOL Aatesem it d.eterre#. are-- to be pal& !w tow eeusi- annual installments, with ixa.:
<br />skit s rare o>f Blir fier slot >�e! annnm. Ili. ioii4 or bonds sha& be issued to Zhs, contractor in payment foy
<br />ifiid Vwaft, Utlless the 1'opertt :01 nsig pay said assee9naents before said bond or bonds are issued, Undrr n.o
<br />sirculydsn®es shall the city of South .Bond be or be held responsible for any sum OrL sums due from maid protr-
<br />orty o ®r or owners tof said work, or for the cellecttoa of same, or for the payment of any bond `Ar bor d.m.
<br />crtiiipata, or oortifioates, iesned' to send contractor -in vment for such worm except for such moneys aft shs.1
<br />hAve baon actually reodii�a$ by the City from the asses;ments for such improvement, or such moneys as L'Pkid
<br />city !s by said above snotl d Act required to pay. - All proceedings had, and work done in the making provourent, assessment ci[' o�pett , coile0lons bf assessments and issuance of bonds therefor, shall hA a pa',vro ..dfor in said abavrt ®ntitTsd lte>
<br />�-It!r l iihei a e.Atl..... ay f ...........,--_dathin.of...0 A-.19- 9d an the3,G_:-•X....... , 1i the South Bend Daily TribunegIis ft"WT
<br />it rirra ou_this resolution at Its office 4n the City Hail on the_-_--2_3++�day df.............A1at
<br />1
<br />L-Ji0ted this .....• .., , ,•,•.....day at.»».»»»
<br />- L. B. SLAUGHTER
<br />BOARD OF PUBLIC WORKS. L. P. HARDY
<br />Attested:- ALBERT F. HONER
<br />Veronica C. Sweeney
<br />Clerk of the Board.
<br />
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