Kingsville Independent School Dist. v. Crenshaw, 11208.
| Citation | 164 S.W.2d 49 |
| Decision Date | 08 July 1942 |
| Docket Number | No. 11208.,11208. |
| Parties | KINGSVILLE INDEPENDENT SCHOOL DIST. et al. v. CRENSHAW et al. |
| Court | Court of Appeals of Texas |
Appeal from District Court, Kleberg County; W. B. Hopkins, Judge.
Suit by E. H. Crenshaw and others against Kingsville Independent School District and others to enjoin the defendants from erecting a school house on property which had been devoted to public use as a city park. From an order granting a temporary injunction, defendants appeal.
Order reversed and action dismissed in part.
Denman, Franklin & Denman, of San Antonio, for appellants.
Boone, Henderson, Boone & Davis, of Corpus Christi, and E. H. Crenshaw, Jr., of Kingsville, for appellees.
This suit was instituted in the District Court of Kleberg County by E. H. Crenshaw, Jr., and four other persons, resident citizens and real property owners of the City of Kingsville, Kleberg County, Texas, against the Kingsville Independent School District, its Trustees and Secretary, and the City of Kingsville, its Mayor, Commissioners and Secretary, seeking, among other things, a temporary injunction and on final hearing a perpetual injunction restraining the defendants from erecting a school house, or any other improvements upon that part of "Chamberlain Park" which is north of an extension of the center line of Yoakum Avenue in the City of Kingsville.
After a hearing the trial judge granted the temporary injunction, as prayed for and the defendants below have prosecuted this appeal.
There is little or no conflict in the facts. The City of Kingsville is located upon land which was one time a part of the famous King Ranch. Mrs. Henrietta M. King conveyed this land to the Kleberg Town and Improvement Company for the purpose of establishing the Town of Kingsville. This conveyance contained certain restrictions as to drilling of wells and sale of liquor upon said land and providing for the right of forfeiture of title in case of violation of the restrictions. The Kleberg Town and Improvement Company filed a plat subdividing a portion of the land and on it was shown a large block of land marked "Chamberlain Park." Subsequently, Henrietta M. King built a large public high school building at approximately the center of the south two-thirds of this block, and subsequently the Kleberg Town and Improvement Company conveyed approximately the south two-thirds of the block marked "Chamberlain Park" to the Kingsville Independent School District for school purposes, and conveyed the north one-third of the Park to the City of Kingsville for park purposes. The deed provided that it was upon condition that the land shall be used as a public park for the pleasure and benefit of the people of the town of Kingsville and shall be maintained as such by the City, and that no building shall be erected thereon with the exception of a band stand for free musical concerts, and that upon violation thereof the title shall revert to the Kleberg Town & Improvement Company. Then followed the conditions contained in the original deed from Henrietta M. King to the Kleberg Town & Improvement Company in reference to wells, sale of liquor, etc., and reservations, such as rights of way for public utilities. The City for a number of years maintained the property by planting grass thereon and shrubs and preserved the trees thereon. The public has not resorted to the park, and the principal entries upon it have been merely to cross it by the pedestrians passing in that direction.
In recent months the United States Government has been installing a large naval base near the City of Kingsville, at a cost of from twelve to sixteen million dollars, a large part of which is situated inside of the school district. As a result of the construction of this naval base a large number of persons have...
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