Tukey v. City of Omaha
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Hopewell and Ferguson, JJ. The opinion contains a statement of the case. The undisputed testimony shows that the block of ground in controversy had been dedicated to the public by a common-law dedication for the purposes of a public square, and that there never has been a dedication, statutory or otherwise, of such property as a public park.
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Appeal from the district court of Douglas county. Heard below before Hopewell and Ferguson, JJ. The opinion contains a statement of the case. The undisputed testimony shows that the block of ground in controversy had been dedicated to the public by a common-law dedication for the purposes of a public square, and that there never has been a dedication, statutory or otherwise, of such property as a public park. The legislature’s© far represents the public that it may at any time change or abolish the original use. (Brown v. Manning, 6 O. 298; State e. Trask, 27 Am. Dec. [Yt.] 561; Moivry v.…
1Opinion of the Court
Irvine, C.
There is in the city of Omaha a tract of land, occupying one city block, and known as “Jefferson Square.” This has for many years been used as a public park, and a considerable sum of money has been expended in improving it and adapting it to such use. In 1893, by ordinance, the mayor and council submitted to the electors of the city a proposition for the issuing of bonds “to pay the cost of securing a site for a market place and erecting a market house thereon.” The proposition was carried, and thereafter, by another ordinance,. Jefferson Square was designated as the site for the…
2Cases cited8 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Morris v. MerrellNebraska Supreme Court · 1895
- Solomon v. FlemingNebraska Supreme Court · 1892
- Follmer v. Board of County CommissionersNebraska Supreme Court · 1877
- McLaughlin v. SanduskyNebraska Supreme Court · 1885
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3Cited by21 opinions
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
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- McNichols v. City & County of DenverSupreme Court of Colorado · 1949
- Coggins v. City of AshevilleSupreme Court of North Carolina · 1971
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
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