Telegram-herald., 1889-10-20

AocimeF -. flsuae k.ases nis suit 10
Sec0re - froni the Slty.

Aoct0eF a. ftGuab k.ssses atis Suit -
seesre - froni tAs slts.
Judge Grove yesterday nicd l.ls dec.-
sloa n toe e3ectment sat hroUeti IS
A. y. Plumb te test tAt c.U lts ie
Crescent PARK ln annoanong taa
decislon Tie court briefly stated ii.e
facts A. follows The premises ssas.t
10 be recovered by the Fa.at.a alo
situated botVuen the west iale ,4 Hsl-
wiok-st. and the easl lne cd lae all0s
running north aaa south ihauga
blocks - and IS. and aro hauadea oa
tae north by lot l9 block - ne1ier
Traction. aud on tae south AID west sy
CresCent-aKe-
o. October IA, 1855. residents and
props rty owners on blonson aud Boost.
wlck-sts. peuuoned she Commm
Council for the Nacauon ol tht lau
Hrons0u-st. between busiN k-sl. aua
tue alley, asking tor cruuiaT sifaei
instead oi running around lst t.c4ltA
street n the form oi Crcsleut. ihe
pio1nQn ola mn title and right ei paa
session 30 the property between thc ino
arms oi the cIescent-sAapo1 property
mll0sed by tDt circular street ang hosi-
wick ST., by deed from Omn =. taulfl
THIS deed hears date oeioieI -. lrst,
said Camp receiving ms ttt from 'ie1-
X. johnson and wife OetobeI $, ieo4
Prom the alley named to bostHlct-st
! the then bronsol-st WAS abrupt anl
/ impossible 10 was az mmcnsc Nil ~
shifting dry sana from the alley ap
and tie land adjacent ln lis natural
condition was oi little value.
Ca october 81, lo5s. Frances ~. Oum.
ming and VIE and George n Johnson
and wife presented thc city Nth doed
oi the grounds covered bg tht proposed
circular street asked lor iA the petitions
ers ID WAS made part oi ihe cors.atf.
/ alton IN this beqae-i thai hraason-si.
/ should bt discontinued as asked ior.
1Ae Common Council n accepting
! lhe property PASSED resolution THAI
/ the CITY proceed a. secure lhe ground
/ nclOsci, always a. be- kept ar an open
/ park wlthou. buildings ot amy knd
! thereon. the customary steps were then
taken 10 secure tle ground for putac
/ uses. The city. soon after securing fUe
/ property. graded ths south arm of fhe
/ crescent and decided o. grade tHe
/ Council ordered The work done.
HE title of the plaintiff % thc prcm-
! i-es in question is derived from Camp
/ alone. they were assessed % Camp tor
/ the Improvement 81 bosiwiek-sl n
1875. ~ communication - the coIl-
/ al Camp insisted that the premises
4 were dedicated T. public uses boz le1s,
and that he was not. therefore. lah., o.
the assessment. The CiY paa iar as-
sessmcnt. amounting q over sfJJ. lIom
I the general fund.
The CITY took action from time o.
/ time clearly showing these grounds io
be dedicated % public uses. and tac
/ grantOrs also took action pa thC same
I Inc. During thC four years following
1850 the city spent upward 0i 5000
for the improvement oi the park. aua
since this period the public has been n
uninterrupted use and enjoyment
OF the grounds. All the im-
prOvomcnts were made directly
under the eve of Camp. who
resided al these years In tie ftou.
house ~ the corner Of Crcscnt-aKc.
llhon Brons0n-st.) and Bostwick-si.; he
made no protest that tae gIoun ls now
ODD question were private grounds w.s
pleased with the Improvements as They
/ progressed, gave dirt 10 iAi tAc erai.
+ and offered suggestion irom tHNr ll
tmo NO clam wac made 80 tN
ss.on of the vacated street poit.l ut
ia uarkI It'll the onire cHpon-e iuf
t4o rark's improvement some $500,
had been incurred ly ihc city.
In his findings Of lau. lhe court rays
"fnder the foregoing facts. J find that
The plaintiff is NOT entitled 90 the pos