Jasper County Democrat, Volume 14, Number 9, Rensselaer, Jasper County, 6 May 1911 — PARK COMPANY WIN CASE [ARTICLE]

PARK COMPANY WIN CASE

Court Finds Against Hensler In Contested Case From Remington. The hearing in the cross-com-plaint of the Fountain Park Co., of Remington against Christian L. Hensler, who bought the Park grounds and the old fair grounds of the trustee of the Robert Parker bank, was finished Tuesday - afternoon and a decision rendered granting practically all the cross-plaintiff’s had asked for. The case arose, it will be remembered, by reason of Mr. Hensler suing for rent of the Park hotel and a certain cottage known as the Robert Parker cottage, which he contended were not a part of the Park company’s buildings. When the case came up for trial Mr. Hensler dismissed his complaint, but the Park company insisted on a trial on their cross-complaint as they desired to know r their legal rights. Mr. Hensler had partly dismantled the old amphitheatre and judge’s stand on the old fair grounds which the company also had leased with the park proper all for SSO per year during4he months of July and August. The rights on the grounds and to the dam in Carpenter’s creek was also in controversy. The court’s decision is quite voluminous and seems to clearly set out the rights of each party. It covers nine pages of typewritten manuscript and in brief holds:

That the Fountain Park Co., was and still is the owner of the hotel building and all its appurtenances, a certain 8-room cottage mentioned in the evidence as “the Parker cottage,” a water tower, pump, tank, engines, pipes, and the like; a checkroom and barber shop, restaurant building, feed stalls for horses, cer-

tain arches, fences and outbuildings, and that all of said buildings were constructed on said real estate by the Fountain Park Co., under an express agreement with Robert Parker, who was the owner of Said real estate at the time of the construction of said buildings and should be and remain the property or said company; that each and singular of said buildings, structures and properties may be removed at any time prior to June 29, 1929; that the cross-defendant, took no title to any of said buildings and has no right, title or interest in same. That said Fountain Park Co., has a right to occupy said ®real estate, buildings, etc., until June 29, 1929, conditioned on the payment of SSO per year, as stipulated in the lease therefor, without interference; that said ground (the park proper) cannot be pastured by animals of any character, plowed or the sod disturbed nor no trees or shrubs removed without consent of prossplaintiffs, but that said Hensler may have free access to said grounds to cut and cure the hay, but must remove same and all tools before July 1 each year; that cross-plaintiffs are entitled to use pf the north 30 acres—the old fair ground—from July 1 to August 31 each year for baseball, basket ball, track meets and the like, the infield, judge’s stand, amphitheatre, eto* which said Hensler succeeded to the title thereto by his deed, but same must not be plowed, the race track ed or any change be made to interfere with the use of same for proper field 9ports. That said Hensler must restore* the seats in the amphitheatre as it was found when he came into possession of same; also that he so restore the judge’s stand; that the highway extending west from the range line to said ground and thence north to the highway must be kept open its full width and length but may, except during July and August be closed by a gate at or near the Chautauqua grounds; • that said highway Shall be treated as a private roadway for the benefit ,of the Patk company, and not a public highway for other purposes. That the several owners of the cottages are entitled to occupy said real estate in said park, as against said Hensler, under their several leases from the PaTk company. / That as to the dam across Carpenter’s creek, the said Hensler is enjoined from interfering with -or destroying until by due process of law the same may be condemned; that said .Hensler is the owner of the tabernacle on said grounds

(built by Mr. Parker before the Park company was organised) but that the Park comipany shall be entitled to the use of same until the termination of their lease, the latter to bear maintainence of same, also maintain its other buildings, amphitheatre, etc.