american jurisprudence, second edition
database updated may 2003
municipal corporations, counties, and other political subdivisions
kenneth w. biedzynski, j.d., richard b. gallagher, j.d., stephanie giggetts,
j.d., gary a. hughes, j.d., mindy pittell hurwitz, j.d., theresa l. leming,
j.d., william lindsley, j.d., eric c. surette, j.d., tim a. thomas, j.d., and
jane e. lehman, j.d. and anne e. melley, j.d., of the national legal research
b. buildings and structures, in general
topic summary; topic contents; parallel references; list of topics; index
§ 500. educational, cultural, and recreational purposes
municipalities may maintain institutions for educational as well as recreational purposes, such as libraries and botanical and zoological gardens. [fn1] a statutory authorization to establish and maintain parks, playgrounds, and recreation centers includes zoos [fn2] and bathing beaches. [fn3] similarly, a municipal corporation may be given authority to erect and conduct an opera house. [fn4]
legislative authorization for a municipal corporation to construct and operate buildings devoted to public uses and recreation facilities has been held to permit a municipality to construct a building designed to house professional and amateur athletic events. [fn5]
[fn1]. city of tombstone v. macia, 30 ariz. 218, 245 p. 677, 46 a.l.r. 828 (1926); people v. seymour, 16 cal. 332, 1860 wl 953 (1860). (agricultural hall); city of owensboro v. board of trustees of public library of owensboro, 210 ky. 482, 276 s.w. 143 (1925) (library); booth v. city of minneapolis, 163 minn. 223, 203 n.w. 625 (1925) (botanical and zoological gardens); school dist. of kansas city v. kansas city, 382 s.w.2d 688 (mo. 1964); jamison v. city of charlotte, 239 n.c. 682, 80 s.e.2d 904 (1954); meyer v. city of cleveland, 35 ohio app. 20, 171 n.e. 606 (8th dist. cuyahoga county 1930); capen v. city of portland, 112 or. 14, 228 p. 105, 35 a.l.r. 589 (1924); laird v. city of pittsburg, 205 pa. 1, 54 a. 324 (1903) (public library).
[fn2]. o'bryan v. city of louisville, 382 s.w.2d 386 (ky. 1964).
[fn3]. richardson v. jackson county, 432 mich. 377, 443 n.w.2d 105 (1989) (not followed on other grounds as dicta, dedes v. south lyon community schools, 199 mich. app. 385, 502 n.w.2d 720, 84 ed. law rep. 500 (1993)).
[fn4]. egan v. city and county of san francisco, 165 cal. 576, 133 p. 294 (1913) (distinguished by, los angeles county v. nesvig, 231 cal. app. 2d 603, 41 cal. rptr. 918 (2d dist. 1965)).
[fn5]. appeal of torbik, 548 pa. 230, 696 a.2d 1141 (1997).
a municipality clearly has the power to construct a public auditorium, and there is no substantial difference from the legal standpoint between the construction of a public auditorium for indoor gatherings and the construction of a stadium for outdoor gatherings at such events as patriotic celebrations, school pageants, carnivals, and athletic events. meyer v. city of cleveland, 35 ohio app. 20, 171 n.e. 606 (8th dist. cuyahoga county 1930).
a statute authorizing the issuance of bonds by a municipal corporation for "parks" and "ball parks" permitted a municipality to issue bonds for the construction of an athletic stadium. city of waco v. mccraw, 127 tex. 268, 93 s.w.2d 717 (1936).
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amjur munccorp § 500
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