Events came to a head on October 4, 1895, when the city commissioners ordered North Capitol Street opened. The order, however, made no mention of any payment to Prospect Hill Cemetery. On October 5, PHC legal counsel filed a motion in the D.C. Supreme Court for a writ of mandamus ordering the city commissioners to pay the required $51,686. The city commissioners replied that they were under no obligation to do so, as they had not sought the land and no injury or loss of possession had occurred at Prospect Hill Cemetery. This argument proved unpersuasive to the court, and the writ was issued. The city appealed to the D.C. Court of Appeals.