Laird v. Pittsburg
Supreme Court of Pennsylvania
Appeals, Nos. 94, 99 and 100, by plaintiffs, from decrees of C. P. No. 2, Allegheny Co., July T., 1901, Nos. 494, 715 and 765, dismissing bills inequity, in cases of James Laird v. City of Pittsburg et al., Milton I. Baird v. City of Pittsburg et al., and Joseph W. Stenger v. City of Pittsburg et al. Bills in equity for an injunction.
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Appeals, Nos. 94, 99 and 100, by plaintiffs, from decrees of C. P. No. 2, Allegheny Co., July T., 1901, Nos. 494, 715 and 765, dismissing bills inequity, in cases of James Laird v. City of Pittsburg et al., Milton I. Baird v. City of Pittsburg et al., and Joseph W. Stenger v. City of Pittsburg et al. Bills in equity for an injunction. Frazer, P. J., found inter alia the following facts: • The city by ordinance set forth and ordained “ ... . that the city of Pittsburg deems it proper and expedient that it exercise the power of eminent domain, vested in said corporation, for the acquirement by…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
These cases might well be affirmed on the technical ground, found by the court below, that the power of the city to acquire land by eminent domain for park purposes is undisputed, and the ordinance and proceedings for that purpose are regular. But the case having been argued and fully considered on the real ground of controversy, that the use proposed to be made of the land is not within the legitimate scope of park purposes, we proceed to determine the cases on the merits.
*5A public park in the popularly accepted meaning of the present time may be comprehensively…
2Cases cited1 opinion
- Commonwealth v. Connellsville BoroughSupreme Court of Pennsylvania · 1902
3Cited by32 opinions
- Lewis v. City of Fort WorthTexas Supreme Court · 1936
- Bernstein v. PittsburghSupreme Court of Pennsylvania · 1951
- City of Wichita v. ClappSupreme Court of Kansas · 1928
- Trustees of the Philadelphia Museums v. Trustees of the UniversitySupreme Court of Pennsylvania · 1915
- Wentz v. PhiladelphiaSupreme Court of Pennsylvania · 1930
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