Paepcke v. Public Building Com‪.‬

Plaintiffs, who are citizens, residents, taxpayers and property owners of the city of Chicago appeal from an order of the
circuit court of Cook County dismissing their complaint by which they sought to prevent defendants, Public Building Commission
of Chicago, the City of Chicago, the Board of Education of Chicago and the Chicago Park District from implementing plans
to construct school and recreational facilities in Washington and Douglas parks. This court has jurisdiction on direct appeal
because of the constitutional questions involved. The facts are to be gathered from statements in the complaint which are admitted by defendants' motion to dismiss and from
joint exhibits admitted into evidence at the request of all of the parties. In 1869 the General Assembly passed "An Act to
Provide for the Location and Maintenance of a Park for the Towns of South Chicago, Hyde Park and Lake" which was approved
and in force February 24, 1869. (Private Laws, 1869, vol. 1, p. 358.) The statute provided that five persons, to be appointed
by the Governor, be constituted a board of public park commissioners for the towns in question to be known as the "South Park
Commissioners". The act authorized the commissioners to select certain lands which are specifically described by metes and
bounds and provided in section 4 thereof that the lands "when acquired by said Commissioners, as provided by this act, shall
be held, managed and controlled by them and their successors, as a public park, for the recreation, health and benefit of
the public, and free to all persons forever." Pursuant to the granted authority the commissioners proceeded to acquire, among
other lands, those which presently constitute Washington Park which is now held by the Chicago Park District as successor
to the South Park Commissioners. The deeds by which the property was originally acquired by the commissioners purport to convey
an unrestricted title in fee simple without mention of park usage. Washington Park as presently constituted contains 371 acres.
It is located on the south side of the city of Chicago and is bounded by 51st Street on the north, Cottage Grove Avenue on
the east, 60th Street on the south and Martin Luther King Drive on the west.