City of Norfolk v. Chamberlain
Supreme Court of Virginia
Argued at Richmond. Decided at Wytheville. Appeal from decree of circuit court of city of Norfolk, rendered May 25th, 1889, in the chancery suit therein then pending, wherein William W. Chamberlain was complainant and the city of Norfolk and L. H. Shields, the collector of said city, were defendants.
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Argued at Richmond. Decided at Wytheville. Appeal from decree of circuit court of city of Norfolk, rendered May 25th, 1889, in the chancery suit therein then pending, wherein William W. Chamberlain was complainant and the city of Norfolk and L. H. Shields, the collector of said city, were defendants. In the latter part of the year 1884 the common and select councils of the city of Norfolk decided, without petition from the majority of land-owners along the line, to open and extend Plume street .from Granby to Bank street, sixty feet wide, which involved the widening of said street ten feet…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
*2001. The first and main question presented for decision is, "What was the effect of the condemnation proceedings had in this case in pursuance of the provisions of chapter 56 of the Code of 1873 ? In other words, the city of Norfolk having-failed to acquire, by agreement with or by purchase from the owners thereof, the land along the line of Plume street necessary for widening and extending the same, and having been compelled, in order to acquire title to such lands, to resort to condemnation proceedings, as prescribed…
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