Surveyors barred at lake site; city goes to court

September 6-9, 1960 A temporary restraining order, permitting agents of the City of Brady to complete a survey of land needed for the Brady lake project was granted Thursday by Judge Conner Scott in the 35th District Court in Brownwood. The order is directed against Mrs. LeMay Darley and her husband, Charles Darley, owners of property within the proposed lake site just west of Brady. The city’s application for the restraining order alleges that the Darleys have refused to let the City’s surveyors enter the Darley property. Brady attorney John W. Hughes, assisted by Menard attorney Perry Hartgraves filed the application for the city. They said if the Darleys still object to the survey that they can call for a hearing before the district judge within 48 hours. Otherwise, another hearing will be held within 10 days to make the order a permanent injunction. The hearing will be held in Brady Friday, Sept. 16. The city’s application for a restraining order was first offered Wednesday afternoon in County Court in Brady to County Judge Love Kimbrough. Kimbrough declined to make a ruling until he had time to check the law in the case. Hartgraves argued, however, that to delay the survey would delay the lake project and might jeopardize government funds which have been made available for the project. Members of the City Council, present at the meeting with Kimbrough Wednesday, said also that a delay would run up the cost of the survey: “We’re paying the surveyor $100 a day.” “Let me say that I’m for the lake 100 percent, but I’m just trying to be fair to both parties,” Kimbrough said, adding that he could not make an immediate ruling. Hartgraves then withdrew the city application and went to Brownwood Thursday morning to file it in district court. Surveying of the lake site has been in progress since last May. The survey is needed in order that the city later can start negotiations with the property owners to buy the land for the lake. The city’s application said that the engineers already have surveyed all of the land needed except that belonging to the Darleys and they ‘have refused the city of Brady the right to go onto the land and make the survey.’ ‘Financial arrangements have been made for completion of the project, but the contract must be let within a certain period of time so money appropriated by the U.S. Government will not be withdrawn and allocated to other projects.’ The application asked that the Darleys be restrained ‘from interfering, delaying or obstructing’ the survey. Mayor R.M. Priesmeyer told County Judge Kimbrough at Wednesday’s session that the Darleys had been approached three times about letting the city complete the survey. ‘It’s not a complete surprise to them,’ Hartgraves assured the judge, adding that the city , of course, has the right of eminent domain (take the land by condemnation) if the land cannot be purchased by negotiation. Hughes added: ‘We hope we wouldn’t have to do this.’ Judge Kimbrough said first that he would deny the application until after a hearing with both parties present. When Hartgraves argued against further delay, Kimbrough then agreed to meet again with the city representatives within one hour. * * * Brady Hospital graduating 13th class of nurses The Rev. Gene Dickson, pastor of the Central Baptist Church, will speak to Brady Hospital’s graduating class of vocational nurses Saturday, Sept. 17 at 8 p.m. in the South Ward School auditorium. Others on the program, to help with the music, are J.E. Herrington and Mrs. Arthur Neal, Dr. B.A. Hallum will represent the hospital in presenting the diplomas. To receive diplomas are Mrs. Raymond Harvison of Rochelle, Mrs. Josephine Fonville of Novice, Mrs. J.E. Foster, Mrs. Rosetta McVay and Miss Minerva Martinez, all of Brady. This is the 13th class to graduate since the school was established in 1951 and brings the total number of graduates to 70. The new graduates will take the state board examinations in Austin Oct. 21 or 22, and a new class of vocational nurses will begin training at the hospital Sept. 10 * * * PERSONAL MENTIONS In Houston hospital Mrs. Carmen Cunyus is a patient in M.B. Anderson Hospital, Houston, where she was taken Thursday. She was accompanied by her mother, Mrs. J.S. Anderson and brother and his wife, Dr. and Mrs. James. P. Anderson. Her son, Dr. James Cunyus of California, flew to Houston Thursday night. * * * Visit at Wimberly Mr. and Mrs.. Tommy Kyzar, Lynn and Charlotte Kay, were Labor Day weekend guests of Mr. and Mrs. Tommy Kyzar, Jr. at the Eagle Rock Guest Ranch near Wimberly where Tommy Jr. is employed.

Leave a Comment