Legal Opinion

Board of Park Commissioners v. Taylor

Supreme Court of Iowa

Decided July 11, 1906PublishedCited by 27 opinions

Appeal from Polk District Court.— IIon. Hugh Brennan, Judge. These three actions are brought by the Board of Park Commissioners of the city of Des Moines to establish its jurisdiction and right of control for park purposes under chapter 179, Acts 28th General Assembly, over certain premises claimed by defendants as constituting a part of certain several lots to which they respectively have title.

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Appeal from Polk District Court.— IIon. Hugh Brennan, Judge. These three actions are brought by the Board of Park Commissioners of the city of Des Moines to establish its jurisdiction and right of control for park purposes under chapter 179, Acts 28th General Assembly, over certain premises claimed by defendants as constituting a part of certain several lots to which they respectively have title. After a hearing on the merits there was a decree establishing in favor of plaintiff the jurisdiction and right of control as prayed as to each of the defendants, and the defendants prosecute their…

1Opinion of the CourtMcClain, C. J.

By Acts 28th General Assembly, chapter 179, the Board of Park Commissioners of Des Moines is vested with jurisdiction and control for park purposes over the Des Moines river and the bed and banks thereof within certain limits which need not here be specifically described. To establish their jurisdiction and right of control, within the provisions of this act, over a portion of the *455east bank of the river south of Walnut street bridge, these actions are brought, the claim being that defendants, who are owners of lots 1, 2 and 3 of block 5, Scott & Dean’s addition to Pt. Des Moines, now within…

2Cases cited39 opinions

  1. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  2. Barney v. KeokukSupreme Court of the United States · 1877
  3. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  4. County of St. Clair v. LovingstonSupreme Court of the United States · 1874
  5. Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894

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3Cited by27 opinions

  1. O'Neill v. State Highway DepartmentSupreme Court of New Jersey · 1967
  2. Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
  3. State v. SorensenSupreme Court of Iowa · 1989
  4. Franklin County v. CarstensWashington Supreme Court · 1912
  5. State Land Board v. SAUSEOregon Supreme Court · 1959

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