Hyland v. City of Eugene

• Citation: 179 Or. 567,173 P.2d 464
• Parties: HYLAND ET AL. <I>v.</I> CITY OF EUGENE ET AL.
• Decision Date: 22 October 1946
• Court: Supreme Court of Oregon

179 Or. 567

173 P.2d 464

HYLAND ET AL.v.

CITY OF EUGENE ET AL.

Supreme Court of Oregon.

Argued September 12, 1946.

Affirmed October 22, 1946.

Dedication — Public park

1. A "park" is a pleasure ground set apart for recreation of the public and to promote its health and enjoyment, and the word "park" on a plat of land dedicated to the public signifies a place open to every one, and carries no idea of restriction to any part of the public.

Dedication — Specific purpose

2. Land dedicated by a private owner for a specific purpose must be used in conformity with the terms of the dedication.

Dedication — Public park

3. When land has been dedicated by a private owner for park purposes, a municipality, by accepting the dedication, becomes a trustee to carry out the terms of the dedication, and it has no power to sell or lease the realty for purposes foreign to the dedication.

Dedication — Specific purpose

4. In determining whether there has been a misuser or diversion of property dedicated for a specific purpose, courts are more strict in cases of grant by private owners.

Dedication — Public housing

5. Where realty dedicated by private owner to city for use as a public park had never been developed by the city as a park, but had remained substantially in the same condition as when dedicated, and extreme housing shortage existed in community, city's act in leasing the realty to war veterans' organization for temporary site of trailer houses leased from the Federal Housing Authority for World War II veterans and their families was not a misuser and would not be enjoined on suit of adjacent property owners.

Injunction — Equity

6. Injunctive relief depends on broad principles of equity and may, in court's discretion, be granted or denied in accordance with justice and equity.

Injunction — Mandatory writ

7. A mandatory writ of injunction is not regarded with judicial favor and is used only with caution and in cases of great necessity.

Injunction — Official discretion

8. The sound exercise of discretion by city officials cannot be controlled by injunction.

                  39 Am. Jur. 842; misuse of parks, right of abutting owners, note
                60 A.L.R. 770; 16 Am. Jur. 408; 26 C.J.S., Dedication, § 65
                

IN BANC.

Appeal from Circuit Court, Lane County.

G.F. SKIPWORTH, Judge.

Dorilla J. Somers, of Eugene (with Howard M. Brownell, of Eugene, on brief), for appellants.

S.M. Calkins and Frank B. Reid, both of Eugene (with Herman P. Hendershott, of Eugene, on brief), for respondents.

AFFIRMED.

BELT, C.J.

This is a suit to enjoin the use of a public park to house World War II veterans and their families on the ground that such use is inconsistent with the purpose for which the land was dedicated. The Circuit Court entered a decree that: (1) "* * * the defendants may continue to occupy the West half of Sladden's Park with not to exceed one hundred trailers, temporarily during the continuance of the housing emergency." (2) "* * * the defendants be, and they are hereby enjoined from occupying Sladden's Park for such purposes beyond the continuance of the housing emergency, and in any event beyond January 1, 1948." (3) "The City Council and the County Court be, and they are hereby Ordered and Directed to remove all trailer houses from Sladden's Park as soon as the housing emergency in Lane County is over, and in no event later than January 1, 1948." From this decree, plaintiffs, who are owners of property abutting on the park, have appealed.

In 1926, privately owned property was duly dedicated as "Sladden's Park" for the "use of the public forever", and such dedication was accepted by the city of Eugene and the county of Lane. The park is in the extreme northwestern part of the city. A strip 80 feet in width on the northern end of the park is beyond the corporate boundaries of the city and is in Lane county. Sladden's Park is 420 feet east and west; 305 feet north and south. It has never been developed by the city as a park and has remained substantially in the same condition as when dedicated. On the east half, there are large fir trees, but the remainder of the tract is open ground. For a period of about four years, part of the open land was plowed up for victory gardens. It was also used to some extent as a cow pasture. Neighborhood children occasionally played in it although the park was not developed for recreational purposes.

When the war with Germany and Japan ended, there was a great influx of war veterans and their families to Eugene — the seat of the University of Oregon — seeking a place in which to live and start life anew. The housing shortage was very acute and these veterans — who had served their country so well — were greatly distressed upon finding no place in which to live. It was, indeed, a most critical and deplorable situation. Servicemen were in many instances compelled to sleep on benches in the park, in automobiles, and in lobbies of hotels. Many public-spirited and patriotic citizens shared their homes with these veterans in an effort to relieve the housing shortage. One woman — and no doubt there were others — left her house unlocked so that some of these young men would have a place to sleep. In the morning, it was not unusual for her to find some soldier sleeping on the davenport or upon the floor. The University utilized some of its ground for prefabricated houses as shelter for veterans taking advantage of educational opportunities which a beneficient government afforded them. The housing shortage was most acute and undoubtedly created a condition inimical to the public welfare, as the health and moral welfare of the city was involved.

The local authorities and various civic organizations undertook to meet this public emergency. Application was made to the Federal Housing Authority for the loan of trailer houses previously used by persons engaged in the national defense. Under and by virtue of the Lanham Act of Congress, as amended in June 1945, 59 Stat. 260; 42 U.S.C.A. § 1571, such federal agency was authorized to use trailer houses in areas of acute housing shortage "to provide housing for distressed families of servicemen and for veterans." The federal government among other things required that the city furnish the site upon which the 100 trailer houses were to be located. Many cities throughout the country were clamoring for these trailer houses. The government had only a very limited supply of houses available for such projects. Delay in the selection of a site by the city of Eugene meant without doubt that no trailer houses would be furnished by the government. Immediate action in the selection of a site was necessary. The housing project in which the federal government, local authorities and the Veterans of Foreign Wars were jointly engaged was to be non-profitable. A reasonable rental was authorized to be charged to veterans to cover the cost of the installation and maintenance of the trailer houses. Any funds derived in excess thereof was to be paid to the federal government. When the emergency ended, the trailer houses were to be returned to the government.

There is substantial evidence that the local authorities made a careful and exhaustive survey of property within the city for the purpose of selecting a suitable site for this housing project. After a consideration of the numerous factors involved, among...