Brown v. Greenfield Congregational Society
Opinion of the Court
(after stating the facts as above).
“When land Is dedicated for a public square without any specific designation of the uses to which it can be put, it will be presumed to have been dedicated for such appropriate uses as would under user and custom be deemed to have been fairly in contemplation at the time of the dedication.” 13 Cyc. 448.
We may take judicial notice that in Connecticut in 1750 no more appropriate, use of a portion of a public green in a country town could have been found than to build the meeting house upon it. The public green was the customary place for the meeting house. The church was supported by public taxation. Use for church purposes was essentially a public use. And this was the practical construction placed upon the dedication in the time of it. The meeting house was built upon the green and a succeeding meeting house stands there now.
It is thus entirely clear that the erection of the meeting house upon the green was, under user and custom existing at the time of the dedication, an appropriate use. And it necessarily follows that the erection of an addition to the meeting house required by the growth of the church is also an appropriate use. It cannot be said that the proprietors of Fairfield contemplated a use of the green for church purposes lmt not enough use to permit the church to grow; and this especially in view of the fact that there is nothing to show that the proposed addition will, or that any addition could ever have been expected to, interfere with any other public use of the green.
The order of the District Court is affirmed with costs.
The fact that the first meeting house was not erected until 12 years after the deed to Itov. Mr. Goodsell in no way affects the statement in the text. The members may at all times have intended to build the church on the* green but have been delayed by want of funds. Indeed if, as is suggested, Mr. Goodsell were the minister of the Society the deed to him of the iols i'aeiug the green would itself indicate an intention to build the church on it.
Reference
- Full Case Name
- BROWN v. GREENFIELD CONGREGATIONAL SOCIETY
- Status
- Published