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eBook details

• Title: Neiman v. Common School District
• Author : Supreme Court of Kansas
• Release Date : January 09, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The opinion of the court was delivered by This was an action to enjoin the defendants from permitting the
use of or making available to any organization or group of
persons the athletic field of the school district which is not
directly or entirely connected with the athletic program of the
grade and high school maintained by the defendant school
district, or the use thereof in any manner that will deny
plaintiffs the reasonable enjoyment and occupation of their
property. The appeal is from an order of the court overruling
defendants' motion to set aside the temporary injunction. The
facts disclosed by the record may be stated in a general way as
follows: The city of Whitewater is a city of the third class
(population 515 in March, 1949). School District No. 95 is a
common school district, the territory of which includes the city
of Whitewater and adjoining land. It maintains a grade school and
a high school in separate buildings. In April, 1924, the School
District acquired the title to the west half of Block 1 in a
described addition to the city to use as an athletic field for
its school activities. Several years prior to 1948 the athletic
field was used for playing soft ball games at night and lights
were installed. The home plate was located near the southwest
corner of the field. By the spring of 1948 quite a little
enthusiasm had grown up for the playing of soft ball and as many
as four teams were interested in playing. The field as it existed
was not regarded by the players as a very good place to play and
they talked with the school board about it, with the result that
the higher ground at the north end of the field was cut down
about eighteen inches and the dirt moved south to the lower part
of the field; the area for the diamond was leveled; the home
plate was changed to the northwest corner of the field, and a
back stop about twenty feet high was erected twenty feet south of
the north line of the field and twenty feet north of the home
plate, with an awning ten feet high running out toward first and
third bases. Flood lights were [171 Kan. 239]
installed on the west side of the field directed east and on the
north end of the field directed south, and a public address
system, with a loud speaker, was installed, over which the
progress of the games was announced. All of this was done without
expense to the school district.

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