1906
Glasgow v. Mathews
Supreme Court of Virginia
106 Va. 14, 54 S.E. 991
Town sought to extend streets over to a river by going across the property of landowners, as was originally envisioned in an earlier overly optimistic plat. Landowners obtained permanent injunction from circuit court. Supreme Court affirmed with modifications. Although the streets and alleys were dedicated to the public on the prior plat, significantly changed conditions coupled with the failure of the public over many years to open and maintain the streets showed abandonment. The injunction was modified to exclude any thoroughfare that was opened and maintained by the public as vested and to be undisturbed.
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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