Caulfield v. Berwick

RICHARDS, J.

This is an action brought by the plaintiff as a resident and taxpayer of the city of Pacific Grove, to restrain the defendants, as the board of trustees of said city, from placing and maintaining tennis courts, croquet grounds, and children’s playgrounds upon and in a certain public park therein known as “Caledonian Park.” The facts of the case, are practically undisputed, and are briefly as follows: Prior to the year 1875 David Jacks was the owner of a large tract of land embracing the area now within the boundaries of the city of Pacific Grove. An association known as the Pacific Grove Retreat Association had been formed, chiefly if not wholly within the membership of the Methodist Episcopal Church, for the purpose of procuring a tract of land for the use of the members of that and other religious organizations as a seaside resort or retreat, and as a place for holding camp meetings and other assemblages of a religious and educational order. An agreement was entered into between this association and David Jacks, by the terms of which the latter was to set apart one hundred acres of his said land for the foregoing purposes, which was to be subdivided into lots and sold at not less than five hundred dollars an acre, the profits of such sales to be divided equally between Jacks and the association. The full control of the moral and prudential affairs of the community thus to be created was to be placed in the

[495]

hands of the association. The agreement having thus been made in May, 1875, David Jack's proceeded to have the specified tract of land surveyed and subdivided into lots, blocks, and streets. In doing so certain irregular plots were found to result which it was apparently difficult to profitably or practically subdivide; and among these was this plot embracing 1.41 acres of land, which Jacks concluded to set apart as a public park, and to give to it the name of Caledonian Park. The map of the subdivision accordingly shows such dedication of this plot under that name. The evidence discloses that there was some discussion at the time between certain members of the association and David Jacks as to the extent of prudential control which the former should have over such park; but this is immaterial since no action of the association as such is shown and since it appears that the dedication of the plot to general park purposes was made with the consent of both parties to the agreement, and without any reservation as to the nature and extent of its uses as such public park appearing in the agreement or upon the face of the recorded map. The project was apparently successful. A large number of lots were sold within a few years, and a considerable town or city, known as Pacific Grove, arose. In the year 1880 David Jacks transferred his interest in the unsold portion of the entire tract to the Pacific Improvement Company with the express approval and consent of the association; and under this new ownership practically all of the remaining lots in the tract have been sold by their lot and block numbers and by reference to said map. In the jmar 1889 the city of Pacific Grove was incorporated as a municipal corporation of the sixth class and has since been such corporation. The defendants herein are its duly elected and acting board of trustees. The plaintiff is the owner of a lot adjacent to this park and fronting upon the street which surrounds it, and upon which lot he has for some years resided.