The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-02-04


said residence property is reasonably
worth the sum Of slO,OO0.OO, and il
used and occupied BY him and his
! family as a residence and home: that
plaintiff bought said property because
it was adjacent to and cornered upor
the public park in question, relying
upon the dedication Of said land
as a park, and that said plaintiffs,
Halsell, Bagby, Burckhalter and
Browning, each own and hold
property facing upon said public park,
and plaintiff Chandler owns and holds
property in the vicinity Of said park.
That all the plaintiffs are residents
and tax payers Of the city Of Ninita.
Plaintiffs state that the defendants
will, unless enjoined BY this court
construct and place upon the south
west corner of said public park, as
aforesaid, the waterworks and sewer
age system herein mentioned. That
such use of sad park is a viola
tion of the rights Of the citi-
zens and taxpayers Of the city
Of yinita, and is contrary to the OBJ
ject and purposes for which said
ground was dedicated to said town, as
hereinbefore stated. That unless this
act is restrained by the court, plain
tiffs aver that they will suffer great
and irreparable injury; that they have
no adequate remedy at law, and that
the erection Of said works win be a
nuisance to them, and win be in vio-
lation OF the rights Of the citizens,
residents and taxpayers OF the city Of
Vinita. Then follows ayerments that
the erection Of such works will be a
special nuisance to the plaintiffs.
Wherefore the plaintiffs pray that
the defendants and each of them be
restrained from the erection Of the
buildings and structures herein mem
toned on the southwest corner Of
Block p, known as the North park,
or any part or portion thereof and
for their costs and other proper re-
lief
To this complaint the defendant
flied a motion 10 require plaintiffs 70
separately state aud paragraph same.
which was bysthe court oyerruled de- !
PENDANTS being allowed an exception /
TTnrenpoH defendants fled i morton
TO strike certain parts which motion \
was sustained aud IN the foregoing \
statement the parts stricken are nott
alluded to- Certain other parts
sought TO be reached by the motion
were allowed to stand, such motion
being oserruled as to them, and de
PENDANTS allowed an exception.
Defendants thereupon filed a special
demurrer to the complaint, which spe-
cial demurrer was oyerruled. n
Defendants thereupon filed their
demurrer TO the complaint, that the
same did not state facts sufficient TO
a cause OF action; which
general demurrer was extensively ar
gued to tile court.
OPINION.
The complaint herein Shows that ;
the plaintiffs are residents and tax
payers Of the city of vinita, and as
such are interested Ia am the public ,
rights and franchises OF such city: and {
II such public rights and franchises Of Z
such city are Invaded in any way by I
anyone. as such citizens they would J
nave a right 70 complain in such a
way as TO maintain their rights for
themselves and the public The
plaintiffs further SHOW that there has 6
,een dedicated 10 the city of Vinita
public park, known as North park, ;
he same being Block 2S on tile Gov
mment plat OF said town That the
anne appears upon the Original survey
md plat Of said town by the Chero- .
zee nation, as a public park; and also
N the Government survey and plat
1 said town as a public park That
he defendants are threatening and ),
bout to appropriate said public park y
r part thereof for the purpose of n
recting a waterworks and sewerage u
liant thereon, consisting Of ofstandpipe,
eseryoirs, tanks and other buildings.
The complaint alleges that the city
! holding said park in trust for the '
ublic, and that an attempt upon tile
art Of said city to appropriate said z
ark for its private business is a diver
on from the purposes for which said N
ark was dedicated.
For the purposes OF the demurrer y
he facts alleged in the complaint are
be taken as true, and being taken p
! true. the only question for the court
, decide is, whether such state of
cts as alleged constitute grounds for
cause of action aud for interference
\ this eourf Ol