1931

City of Lynchburg v. Peters


Supreme Court of Virginia
156 Va. 40, 157 S.E. 769
 

City closed portions of two streets to create a playground and athletic field. Peters operated a private hospital nearby, but his property did not abut the closed streets. The noise and dust from the activities made Peters close the hospital. He brought a trespass action and obtained a verdict for $2,500. Supreme Court reversed and entered final judgment for the City. Peters was not an abutting landowner and had none of those rights that such landholders have in the streets that adjoin their property. He was not entitled to damages for inconveniences shared with the general public He had not shown any special damage to himself.

Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.


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