Perkins v. Mayor of Madison

The rulings announced in the first and second headnotes do not require elaboration.

A controlling question raised by demurrer is as to the right *718of the petitioner to bring the suit. In 38 Cyc. 939, it is stated: "By the weight of authority a private citizen or resident of a municipality has no right of action by reason of the diversion or appropriation of public property, such as parks and squares, to other uses, where he has not sustained or is not threatened with any special injury peculiar to himself as distinguished from the rest of the public.” See also 33 C. J. 47, § 36. In this State…