Eubank v. City of Richmond

Citations

• 110 Va. 749
• 67 S.E. 376
• 1910 Va. LEXIS 119

Syllabus

<p>1. Constitutional Law—Police Power—Authorizing Establishment of Building Lines.—An act of Assembly authorizing the councils of cities and towns to establish building lines on streets to which all property owners must conform is within the police power of the legislature, and is constitutional, if not unreasonable. Such legislation is in the interest of the health, safety,, comfort and convenience of the public.</p> <p>2. Municipal Corporations—Delegation of Powers to Committee— Building Lines—Case at Bar.—A city ordinance providing “That whenever the owners of two-thirds of the property abutting on any street shall, in writing, request the committee on streets to establish a building line on the side of the square-on which their property fronts, the said committee shall establish such line so that the same shall not be less than five nor more than thirty feet from the street line,” leaving to the determination of the committee only, within the prescribed limits, how far the building line shall be from the line of the street, is not a delegation to the committee on streets of the functions of the city council to establish building lines. The committee is clothed with no discretion as to whether a building line shall or shall not be established in a given case.</p>