Minutes 05/12/1959 - Laserfiche WebLink

Home Browse Search

j TUESDAY MAY 12, 1959 .--. (4) That your respondent denies that the opening and improvement of the subject portion of Zee Street would create a traffic hazard on either the east or west outlets to Jefferson Street, alleging that ample sight distances exist at each intersection and that despite the frequent use of this street, particularly that portion now serving Stratford Court which intersects Jefferson Street on the westerly side, there has, to your respondent fS knowledge, been no automobile accidents occasioned at those in:.ersections during the many years this street has existed. Your respondent fur,ther alleges that that portion of Zee Street which is now improved and is not the subject matter of the petition presently intersects Jefferson street and would of necessity be equally involved in any finding of a hazardous intersection. That despite this fact petitioner has not suggested that this improved portion of Zee Street be closed and vacated. -- (5) That your respondent denies that Zee Street violates in any respect the Sub-Division Ordinance of the City of Martinsville adopted December 17, 1957, alleging that said ordinance is inapplicable to this existing street of recard which has been in the breast of the City for many years prior to the enactment of said ordinance. (6) That this respondent does not deny that petitioner may gain materially by the closing and vacation of the subject portion of Zee Street, but alleges your respondent in turn would be materially damaged by such closirg and vacation; and that in either event the decision of this C01illCil should not predicated upon the gain nor the loss to particular individuals but rather upon serving the best interests of the public generally inasmuch as the subject street is not private, but public property. (7) That petitioner IS petition was obviously motivated solely for personal gain at both pr-ivate and public expense, and is detrimental to the bes t public interest. Now, Therefore, having fully answered the s aid Petition, your respondent doth pray that the said petition be set aside, and that the subject portion of Zee Street be maintained open and improved so as to bet ter serve the public for which it was dedic ated and intended. This 28th day of April, 1959. Attorney Robert S. May, counsel far Mr. & Mrs. Arthur W. Matson, Jr., and Mr. & Mrs. C. R. Dent, petitioners, presented the following amended petition requesting the closing of a portion of an alleyway north of Jefferson Street between Rives Road and Thomas Heights: Ge nt lemen : Arthur W. Matson, Jr., Virginia S. Matson, C. R. Dent and Zalia Smith Dent, having posted notice in the COUl'troom on the first day of the May, 1959 term of the Circuit Court of the City of Martinsville, and in two other public places in the City of Martins vi lle , not less than five days before the presentation of this petition to Cou~il, do hereby ask leave of the