Grand Rapids morning telegram., 1885-08-04
TIE COUNTY Is VICTOR.
owns T-E FULTOr sTsEsT PARK
F4H Tsxf of Judge P4rrsa's Decision
in tns Long Contested Case ~
the Superior Court

The Superior CoeTf 8as bsen 5asf ~Isb the
csase " tas boant "a sapsFsl-9fs " hent
eolnls against tils slts ~ Grand kapies and
others. ~ quiet lhe tltis u tie FULTON >traet
Para. f9f the pasI fss Gays - lts sanaaer
terra. Yesterday uos8'ng jldge farrish
rsaassed hls deeision IL tie matter. sas tsGt
u which - foiio~s
The DI.ls Ia thase cases are Sled Tor ths
farptl.e u having ths <Gt - the aou1ts ~
ksnt j4dieially determinsd IA Hn4l II snoSu
4. f4lbou Street farA- E1s ia1F9rl4uce "
TINS judicial determination aEtVars quite
manifest frou TIE evidence AID The discus
sloa ia tne case.
lie appsars from the testimony Of old -st
tier- that for nearly half s century tins pars
las beSo sB0Su and dssi grated a. NO2ft
HOuss square AudIt also aFpsag~, thlnA
cosclusisely, that Loais Campan snd other
prOqrletor- OF this piece II .r0uu4 d-silcatsd
IL ia thelr addIuOus ~ the eity, Tor court
house purposes. IL Nas intended b then
aud understood u be the county site OF tbs
coauty Of Kent he testimony leaves 10
.ioubt THAI this w8s the intention % these old
pioneers. court house 1as maintained ou
this property for several years, aud louls
gaupau, aLu perhaps Others II those Who
had oInsd Ia the dedication, aided ia the
transaction of the public business M thi-
court house on thl- piece of ground
Al length this Court House, unfortunately
~a- burued dO~u Soon after this there
commenced the usual agitation about the
Court House and c0unty slte. Several
handed prOpriolOrs adjacent % Grand hap-
"a. wanted lt located on their additions, and
several propOsitiOns 10 donate land Tor that
purpose were made aud considered, Mr
Converse wanted Il on his addition across the
river. and offered to donate site. Mr. Ken
dell did the same thing, and II has been init
mated that similar offers were made By
Cannonsburg Piaiuheld Ada, Grandville
and kellOggyille. The bundle OF resolutions
passed aud resciuded with reference 10 a site
| for Court House for the past thirty years,
which j. IA evidence ia TINS case, l. bewlider-
Ing even 10 the attorneys. Very likely every
Supervisor wanted IL located IN his immedi-
ate nelghbOrhOOd.
The result has been that no site has been
l permanently liked upon, and no Court House
has been built anywhere. The Circuit Court
Of the county OF Kent has been danced
about the city from one garret 10 another
/ for the last thirty years, ana the county has
/ paid enough in rent for very unsatisfactory
/ accommodation, 10 have bnIlt a respectable
/ Court House for any city IN the State. his
sort Of whiifiing is not new II has been the
/ torment more or less of almost every county
/ Ia the State.
From these circumstances, and from the
offers 10 dedicate for Court House purposes
were formally accepted, though such action
/ was afterward rescinded, II l. claimed aud
argued. With considerable plausibility, that
/ the people have abandoned surrendered and
\ given up this donation of Louis Campau and
/ Otheos the Court House Square, and that
\ 10 has reverted 10 the heirs OF these
dead pioneers. and not only the peO-
/ ple but the city Of Grand Rapids has lost
/ the benefit of 10 for any pur-
\ pose. am constrained to hold otherwise.
/ When property, a IN this case, has been
/ dedicated 20 the public for a particular pur-
4 pose aud il has been used and occupied 10y
the public for that purpose, and by some
misfortune that occupation Il suspended,
mere non user y no allotment. Neither did
/ the acceptance of other donations operate as
an abandonment. Even If the Board OF
Supervisors Or even the people had accepted
the whole batch. II would not have oper-
ated as surrender OF the easement.
| Nothing short, in my judgment, OF the per
maneuf acceptance of another site and the
/ buiiding of Court House thereon, thereby
/ making the Use of this one impractlcable
| would operate a. q surrender against the
/ public. Il il we'll known that large bOdie-
move slow, and IN respect TO building Court
| Houses especially many interests have 10 be
/ considered and consulted and until the peo-
/ pie have taken some action by which they
| have made IL impossible or at least wholly
/ impracticable To resume the occupation OF
such donation there - no surrender.
| hold that. upon the evidence IN this case
/ this property was deducted for Court House
purposes. and that that deduction was ac-
| cepted. and that the right 10 use 1t foi
! that purpose became vested IN the
/ people; that this right has never
| been abandoned, surrendered, Oi
/ given up. and that whenever the people shall
resolve IN proper manner TO build a cOur
house on the property they have right TO dc
40. that 10 has not reverted to the heirs OF
grantees Of the original prOpTietors' that the
city Is the proper and legal custodian Of TIN.
property for the benefit not only of the city
OF Grand Rapids. bat for the benefit of the
whole people OF the county Of Kent, and that
il Is the duty OF the city 20 take care Of It,
adorn Il, beautify Il, protect It, subject onll
To the right OF the people of the county o.
Kent 20 occupy it for Court House purposes
and when the people OF the county of Ken
shall have permanently located another sit
for a Court House and constructed a COur
House thereon. and thus made u impossible
for them 10 be benefited IA this respect b.
the generous donation Of Louis CampaG an'
others, pioneers who were instrumental II
founding the city OF Grand Rapids. the cap
ital of Western Michigan. then. and not til
then. will this park. revert TO the oiiglna
propietors or their heirs to be disposed Of a
they please.