Sherburne v. Portsmouth
Supreme Court of New Hampshire
Bill in Equity, to restrain the defendant city from building a baseball park at the Plains, a public common containing about eleven acres, which was given to the city in 1716 for the drawing of a militia for the town and province and has been used since for that purpose and by the public generally for a playground; also to restrain the city councils from voting to fence the Plains “ for the purpose of amusement and the better protection of city property.”
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Bill in Equity, to restrain the defendant city from building a baseball park at the Plains, a public common containing about eleven acres, which was given to the city in 1716 for the drawing of a militia for the town and province and has been used since for that purpose and by the public generally for a playground; also to restrain the city councils from voting to fence the Plains “ for the purpose of amusement and the better protection of city property.” The bill alleges that the city councils intend, under this vote, to enclose the greater part of the Plains with a high board fence and give…
1Opinion of the CourtYoung, J.
The question of law raised by the demurrer is the power of the court to restrain city councils at the suit of a tax payer from acting illegally. There is no uniform rule on the subject. In some jurisdictions the court has power to restrain city ■councils from committing an illegal act whenever it appears that the act will cause the plaintiff to suffer damages not common to the public and that he is entitled to equitable relief. People v. Sturtevant, 9 N. Y. 263. In other jurisdictions the court has no power to restrain city councils when they are acting in good faith. In these jurisdictions…
2Cases cited9 opinions
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- The People v. . SturtevantNew York Court of Appeals · 1853
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Pierson v. HubbardSupreme Court of New Hampshire · 2002
- Silva v. BotschSupreme Court of New Hampshire · 1981
- Green v. ShawSupreme Court of New Hampshire · 1974
- Miller v. City of ColumbiaSupreme Court of South Carolina · 1927
7 more not listed; retrieve them via the Exa API.