Hough v. City of Bridgeport

• Decision Date: 25 April 1889
• Citation: Hough v. City of Bridgeport, 57 Conn. 290, 18 A. 102 (Conn. 1889)
• Court: Connecticut Supreme Court
• Parties: HOUGH v. CITY OF BRIDGEPORT.

18 A. 102

57 Conn. 290

HOUGH

v. CITY OF BRIDGEPORT.

Supreme Court of Errors of Connecticut.

April 25, 1889.

Case reserved from superior court, Fairfield county.

Application by Charles Hough for relief from proceedings by defendant city in laying out the extension of a street, and in assessing damages therefor.

R. E.Be Forest and W. T. Haviland,(A. M. Tallmadge, of counsel,) for plaintiff.C. Thompson and J. J. Phelan, for defendant.

CARPENTER, J. In Gregory v. City of Bridgeport, 52 Conn. 40, a petition for widening the street was presented to the common council, and was referred to the standing committee on streets and sidewalks.That committee subsequently reported, recommending that the street be widened as prayed for, and the common council decided to widen the street according to the recommendation and survey of the committee.No further action was taken by any committee.The charter, which is the same now as then, requires that after the common council shall resolve to lay out, alter, etc., any street, highway, etc., they shall appoint a committee, whose duty it shall be to make such lay-out or alteration, and who shall report in writing their doings to said common council, etc.It was held that the charter was not complied with.In the present case there was a petition to lay out several streets, one of which was Colorado avenue On the 21st day of September, 1885, that petition was referred to the board of public works.On the 2d of August, 1886, that board reported, and presented a map designating the streets which in their judgment were necessary to be laid out, and recommended its reference to the committee on streets and sidewalks, for the purpose of ordering such hearings as might be deemed necessary; which reference was had.On the 6th day of September the committee reported, recommending a notice and hearing, which report was accepted.On the 4th of October, pursuant to notice, a hearing was had.On the 1st day of November the committee reported to the board of councilmen, recommending the passage of a series of resolutions, and among them the following: "Resolved, that Colorado avenue be, and is hereby ordered, extended from Fairfield avenue northerly to North avenue, said extension of said Colorado avenue to be fifty feet in width, and to be in accordance with red lines on map prepared by H. G. Scofield, city engineer, said map being submitted herewith as a part of this report.Resolved, that the committee on streets and sidewalks be, and is hereby, appointed a special committee to procure and report to this common council a survey and particular description of each of the streets herein mentioned, in accordance with the provisions of section thirty-three of the city charter."On the 8th of November the board of councilmen accepted the report, and passed the resolutions.On the 10th of November the committee reported the same resolutions to the board of aldermen.On the 6th of December the resolution relating to Colorado avenue was adopted in concurrence, all the other resolutions having been previously adopted.On the 3d of January, 1887, the committee, pursuant to the resolution appointing it a special committee, adopted by the board of councilmen November 8th, and by the board of aldermen December 6th, reported to the common council as a special committee recommending the adoption of the following resolutions: "Resolved, that Colorado avenue be, and is hereby, extended and laid out as a...