Paepcke v. Building Commission

263 N.E.2d 11 (1970)

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Paepcke v. Building Commission

Illinois Supreme Court
263 N.E.2d 11 (1970)

Facts

The Chicago Park District (defendant) sought to convey 3.839 acres of the 371-acre Washington Park to the Public Building Commission of Chicago (the commission) (defendant) for the construction of a middle school and accompanying recreational facilities. A group of concerned Chicago citizens (plaintiffs) brought a class-action suit to prevent implementation of the plan. The citizens argued that the park was essentially held in trust for the benefit of the greater public—in other words, that the new use ran contrary to the public-trust doctrine, an equitable doctrine designed to preserve public lands for use by the general public. The county circuit court dismissed the citizens’ complaint. The citizens appealed to the Illinois Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Burt, J.)

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