Kasala v. Kalispell Pee Wee Baseball League

MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

This appeal results from a finding by the trial court, sitting without a jury, that the Pee Wee Baseball League as conducted in Kalispell was a nuisance and from an injunction that not only would prevent the use of a playground for baseball, but also, the ordering of the removal of all light poles, backstops and other baseball paraphernalia from the playground. Pending this appeal, appellants obtained an order from this court suspending the lower court’s injunction.

In 1936, the City of Kalispell purchased a vacant city block…