Show CITY IS WORSTED ORSTED IN THREE SUITS t Supreme Sup eme Court Decides It Must Pay Damages for Rais Raising Raising i ing Grades Graces PRECEDENT IS ESTABLISHED JUDGMENT AMOUNTING TO 15 AFFIRMED Bv By three decisions handed down by the thel supreme l court yesterday the city loses with interest Inte t from Nov Nm 2 1904 1901 The ourt court In its opinions also establishes the precedent that a Is injuriously affected by any change of at o grade rage may recover damages against the ity for the diminution of ot the market value slue of his property to the extent that fuch diminution exceeds the direct benefit derived from the improvement causing the damage In III tilts the decisions are far tar reaching and will undoubtedly lead to a jarge je number of suits against the city on these grounds ground The rhe cases In which the decisions were handed banded down were those thoe of Eugenia Kim Kimball KImbaIl Kimball ball baIl Charles S Kimball Arthur P Kim Kimball Kimball KImball ball jr and Shirley P Kimball respond against Salt Lake City appellant David B Hempstead respondent against Salt Lake City appellant John G Felt respondent against Salt Lake City ap an appellant The judgment of the lower court warding Hoarding damages dama cs for and ana HOO fl respectively In the above cases was vas affirmed I 0 Property on Main Street I The rhe property involved Is on Main street I between North Temple and First North In 1 lESt 81 a grade was established there ere but never carried Into effect In l sI and iSO 18 0 tho Kimball all property In the middle of or the block was waa improved and In oi 10 the city changed the grade raising tile im street et about ten feet and placing all alII Hie Ille property Involved in a 0 hollow The improvements on the Felt and Hempstead 1 were made long before the tho 1854 snide prude was established which In fact con conformed conformed formed nearly to the surface of the street streets ag s M then used and even If It had been nat at into effect would not have damaged He he e property The court holds that the id grade established by common usage fore the 4 grade was made Is lont grounds upon which to base action lor or damages damage because of change of grades The rue appellants contended that the Ity hs as a right to establish or fix a grade hanging tho the original or surface grad grach without becoming legally liable for conse damages to property Injuriously thereby if such a change was and carefully effected There Then Thenis is however a provision of ot the tah stat statutes utes utIS section 8 which provides that cIties ire irp 0 liable for consequential damages in inae asp ae an established grade rade is changed Improvements have ha been made uP the 1 he property n conformity with a prior grade The court says s s that ti t 11 Intents and purposes the original sr S Jr fac 11 grade orade established by b custom is c lent to constitute a prior established grade within the meaning of o the act ind md lid this Is the basis upon which the Hempstead and Felt cases are arc decided T Tie TI 10 pro provision islon of the constitution of oft t tab which says that private property annot be taken or damaged for public purposes without compensation Is also a J basis for the decisions |