The City May Lose Its Park

The City May Lose Its Park

Or Rather the New Botanical Gardens at Cat Hole

Jury's Verdict Set Aside

On the Ground That No Necessity for Park Had Been Shown and Property Not Intended for City Park

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The verdict of the jury in the Cathole case has been set aside by Judge Kinne on the ground that no necessity was shown for having the land for park purposes.

The motion to set aside the verdict was argued Monday by M.J. Cavanaugh for H.G. Prettyman, Frank A. Stivers for Mrs. Moseley and John L. Duffy for the Laughlin heirs, while the former city attorney appeared for the city.

The verdict which awarded $5,000 to the property owners was set aside by the court on the ground that the city in making out its case had shown no necessity for having the land for park purposes, or if the land was needed for park purposes it was not needed for cit park purposes, but for a University botanical garden.

If the city decides that it can make out a case of necessity they can try the case over again. But unless the can prove necessity, the decision will be a sad blow to the project of beautifying that part of Ann Arbor with a $30,000 botanical garden.