City of Mayville v. Methodist Episcopal Church
City of Mayville v. Methodist Episcopal Church
Opinion of the Court
It is quite probable tbat a cburcb would not be considered a public building witbin tbe present popular acceptation of tbe words. How tbe words “public buildings” were used and understood sixty-five years ago witb reference to churches generally or by tbe makers of tbat plat is not so clear. Tbe words “public square,” together witb tbe omission of boundary lines, clearly indicate a dedication to tbe public, but tbe words “reserved for public buildings” are not so clear of meaning. They could be understood to mean
We must hold that such construction was placed upon the plat in question that the defendant acquired the same interest in and to the south Ralf of the lot or tract, designated as reserved for puRlic Ruildings, as if it and its predecessors in title were in occupancy thereof holding such title as would inure to the owner or proprietor of a public building; that under the circumstances and under the construction so given to the plat and grants mentioned a cRurcR is a puRlic Ruilding in this instance, although not now generally so considered. Acts of the donor and acquiescence of the donee long continued are indicative of the intention of the donor with reference to a plat. Pott v. School Directors, 42 Pa. St. 132. The same is true of a deed. Janesville C. Mills v. Ford, 82
' In view of the guasi-public character of churches generally and in consideration of the facts in this case as recited in the statement of facts, including the long acquiescence of the public in the use of this lot for such purposes, such use cannot be .strictly limited to the bare maintenance of a place of worship thereon. A ¡rablic building site must include all such adjuncts or accessories as are usual, necessary, and convenient in connection with the use of the property for public purposes. This would, in case of a church, ordinarily include cloak rooms, school or recitation halls and buildings, and a majority of this court, not however including the writer, consider that it would include a pastoral residence or parsonage.
It follows that the judgment appealed from should be reversed, and the cause remanded with directions to dismiss the complaint.
By the Court. — It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.