District of Columbia v. R. P. Andrews Paper Co. Same v. Saks & Co. Same v. Lisner

Citations

• 256 U.S. 582

Syllabus

<p>1. Permits to build vaults under sidewalks adjacent to their premises were issued to private parties for a nominal charge by the Commis- • sioners of the District of Columbia, subject to the building regulations, which provided, inter alia, that no charge should be made the occupants of such vaults, that permits should be revocable when the space was needed for public use or improvements, and that the space should be vacated when ordered by the Commissioners or needed for public use; the permittees signed agreements, as required by these regulations, accepting the permits on conditions recognizing the right of the District to construct sewers, etc., which it might deem necessary, and the duty of vault occupants to clear the space therefor, without cost to the District, and declaring that the occupation was permitted merely as • an accommodation to abutting owners, and that no right, title or interest of the public was in any way waived or abridged, “except as expressed in said permit and. the conditions aforesaid.” Held, that the building regulations were not to be looked to for grants in the streets, and that the permits were to be strictly construed and were mere licenses, revocable by the District Government at its discretion. P. 586.</p> <p>2. An application made long ago to the District Government for permission to build a vault under a sidewalk, followed by its construction and continuous use, may support a presumption of a license but not of a permanent grant in the street. P. 587.</p> <p>3. The Act of September 1,1916; c. 433, § 7, 39 Stat. 716, authorizing and directing assessment and collection of rent from all users of space-under sidewalks and streets of the District of Columbia, • occupied and used in connection with their business, applies to vaults constructed before as well as those constructed after the date of the act. P. 588.</p> <p>49 App. D.'C. 273, 276; 263 Fed. Rep. 1017,1020, reversed.</p>