Deseret Evening News | 1906-01-27 | Page 2 | City Beats the Paving Protest

CITY BrATS BEATS T THE t PA PAlING IN rR PROTEST I Judge Morse Holds That Action Of City Council Counci Was Per Perfectly Legal JENNINGS LOSES HIS CASE Plaintiff I IT t I ked ll for tur Injunction I Ion Re He I te City Prom Frum I lIln I mi I Street Judge Motee MOIs today tolay rendered ren ered u a de tie decision cl lon In tine tl First street paving ease brought by Iy T P W V Jennings s fit It ul itt agaInst Salt Luke Lake City to restrain retrain the city city from fron paving said street with asphalt In Inn which ho Inc held that tine the ac action IC tion ton of elt the city el council l in authorizing the tine paving of the street was wn legal und and In nee a decree was wan wal lit in II favor of ot defendant The Tho plaintiffs asked nuked tho the Injunction on oil 11 the following grounds that the tho no notice nolice lice tice of ot Intention to 10 pave palo the tho street did not met state late what kind of at paving was wad proposed ll to bo be laid en so that the tho th proper property ty Iy would have nn an opportunity to enter a protest prole t us 15 18 to tine tho quality of or Unit of oC paving inure loro than u a 1 majority the thi property owners protested against tho time paving und arid the tine petition asking for tor tortu thu tu Improvement did not contain the tine names of or of Ot the tho property owner hence the tho ordinance tho tile Improvement was wal Illegal anti the tilt Iste the same amo was Wil ac no accordingly cordingly Illegal that tho ho paving do predated the tIne value lu of or the abutting property tho the winter time It I would be lH Impossible Impo for tor teams tended coal alit supplies to 10 reach the tIne property of or tiit plaintiffs on account of ot the paw pa paving ing being no HO slippery JUlge Morse decided against t the plaintiffs crud held belt hell that the thin action of ot the Itne thy city 11 wa perfectly ty legal The Tho lIaw paving Ila lag InK was IS completed more moro than a R year ago and 1111 since then has lias been he en In con coin use