abandonment of dedicated property occurs when the dedicated use becomes impossible to execute, or the object of the use must fail
How later courts described this case
- abandonment of dedicated property occurs when the dedicated use becomes impossible to execute, or the object of the use must fail
- “[A] municipal corporation has no power to sell or convey land dedicated as a park[.]” (citation omitted)
- "It is the general rule that where land has once been dedicated to public use, such as for park purposes, no use inconsistent with its use as a park can be made of the property so long as the public is still using the land as a park."
- invalidating, for lack of legislative approval, garage to be constructed underneath parkland
Written by the judges who cited it.
The opinion
Mr. Justice Garwood
concurring.
I agree with the disposition we make of this case on the ground, and only the ground, that, under the evidence, the planned subsurface parking arrangement will destroy the present usage of the surface of the existing park to the large extent stated and will, to a very substantial degree, adversely change the character of the entire surface area as a park.
If the underground parking facilities were to be constructed without such considerable interference with the existing surface use, I think the arrangement would be entirely proper, since the rule, on which we rely to hold it improper, can have no application to the subsurface. The rule was obviously adopted with only surface parks in mind. To extend it to the subsurface, and thus to prevent urgently needed improvements, would be to sacrifice substance to mere legalism.
Opinion delivered June 5, 1957.