Bailey v. City of Topeka

Citations

• 97 Kan. 327
• 154 P. 1014
• 1916 Kan. LEXIS 293

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Park — Concessions for Lunch Stands and Bathing Facilities— Not Unlawful. The action of a city in granting to individuals, for pay, exclusive rights within a public park to operate refreshment and lunch stands, and to rent boats and bathing suits and towels and dressing rooms, does not constitute a use of the park for other than public purposes, nor is it in conflict with provisions of the deed of gift by which the city acquired the property, to the effect that it should be used for the benefit of the public, and should be inalienable by deed, gift, lease, or other method.</p> <p>2. Same — City Authorized to “Regulate” Parks. Sufficient power for' the purpose indicated is conferred by statutes authorizing the city authorities to “regulate” parks.</p>