401 



The legal proceedings for the widening of the Coney Island 

 road are not yet consummated. They have been tediously de- 

 layed by a litigation which involves the right of the city to be 

 paid a reasonable compensation for the strip of land, twenty- 

 five feet in width, which is taken from the park for the widen- 

 ing of the road. The opponents of the city claim that she is 

 entitled to a mere nominal award, while the Commissioners 

 can see no good reason why the city should not receive the 

 same compensation which every other owner is to receive for 

 land taken for the widening. The same objection is raised by 

 parties liable to be assessed for the widening of Ninth avenue. 

 Fifteenth street, and Franklin and Washington avenues, as well 

 as for the laying out of Plaza street ; and the decision of the 

 question one way or the other will involve a difference to the 

 taxpayers of our city of several hundred thousand dollars. The 

 General Term of the Supreme Court has already decided in 

 favor of the city, and the opinion of the court, as delivered by 

 the Hon. Justice Pratt, will be found hereto annexed ; but the 

 parties in interest being still dissatisfied, have carried the case 

 to the Court of Appeals. A final determination of the ques- 

 tion, however, must soon be reached in that court. 



The legal status of the Parade Ground, with the right of 

 the general public to make use of the same, independently of 

 the control of the county authorities, has recently received con- 

 sideration from the same court. This court decided in a con- 

 troversy which arose between the Park Commissioners and the 

 County Supervisors, that although the legal estate in the parade 

 ground is vested in the county of Kings, yet it is held in trust 

 for public uses. That for all purposes of police and improve- 

 ment, it is under the exclusive charge and control of the Com- 

 missioners, but that, at all reasonable times, and subject to 

 proper regulation, it should be open for ball-playing and for 

 military parades, to visitors from all parts of the State ; and 

 that its use cannot be confined to the residents of Kings county, 

 as contended for by the Supervisors. 



The Assessment Commissioners appointed for the purpose 

 of charging a portion of the cost of the park upon the adjacent 

 land specially benefited by park improvement, have not yet 

 finished their arduous task, but are expected to have their report 

 ready for confirmation at an early period. This assessment, it 



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