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| In [[1901 Season]], Otto L. Hayes [or Hays] and David Mackey, owners of the ball grounds sued the park company over relocating fences on the east and south sides to cut through public streets and enclosed a 30-foot and 50-foot roadway within the park. The fight was said to be over a disagreement over Hayes and Mackey wanting to raise the rent of the ball grounds of $1,400 ($48,886 in 2022) and the park refused.<ref>"Beat the Injunction." ''Columbus Evening Dispatch.'' 27 April 1901. Pg. 7.</ref><ref>"Olentangy Park Fences." ''Columbus Evening Dispatch.'' 11 May 1901. Pg. 6.</ref> Two days later, the old fences were removed. Dusenbury said the fences were put in place two years ago and went up the Hayes-Mackey property line.<ref>"Short Items." ''Columbus Evening Dispatch.'' 13 May 1901. Pg. 7.</ref>
| | #REDIRECT [[Hays-Mackey v. The Olentangy Park Co.]] |
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| Robert Turner, owner of "The Villa" prior to the park being built, was brought into the suit with Dusenbury claiming the new fences marked where Turner planned to open a saloon next to the park. Judge Badger granted a restraining order on May 13, 1901, against any interference with the fence until the true lot line could be determined.<ref>"Olentangy Park Fence." ''Columbus Evening Dispatch.'' 13 May 1901. Pg. 6.</ref>
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| In January of the following year, it was brought to trial. Manager Dusenbury claimed the "roads" were never dedicated for public use.<ref>"Olentangy Park Fence." ''Thursday Columbus Dispatch.'' 16 January 1902. Pg. 5.</ref> Judge Evans ruled in August 1902, that the streets were public property and the fences would need to be moved back 15-25 feet (4.6-7.62 meters). This ruling was based on an 1887 deed by a Mrs. Guetner for the property to be public property.<ref>"Public Property." ''Sunday Columbus Dispatch.'' 3 August 1902. Pg. 5.</ref> Dusenbury appealed this decision.<ref>''Saturday Columbus Dispatch.'' 16 August 1902. Pg. 5.</ref>
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| In June 1903, the Men's Association of North Columbus discussed opening North Street. Councilman Burr said J.W. Dusenbury prepared a plat of the street and also a vacating ordinance for part of the street and an alley, claiming North Street had never been a street and the alley never dedicated. The members of the association said there had been a road to the ford there for 80 years. Dusenbury built a fence on the line of an old road and would be willing to change it, if necessary.<ref>"Gas, Water, and Weeds." ''Wednesday Columbus Dispatch.'' 24 June 1903. Pg. 5. </ref>
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| The Dusenbury Brothers returned to court on October 22, 1903. They were too slow to remove the fences, so Hayes and Mackey wanted a punishment. Judge G.H. Stewart ordered them to remove the fences as well as the restaurant and Dance Pavilion on the east side of the park. Some electric light poles were also ordered to be removed. The Dusenburys said the Edison Company would need to remove the poles and wires due to their high voltage, but promised to comply.<ref>"Ten More Days In Which to Move the Park Fence and Buildings." ''Thursday Columbus Dispatch.'' 22 October 1903. Pg. 6. </ref>
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| The Dusenburys removed the fences and sawed the old dining hall in half as well as part of the [[Dancing Pavilion (First)|Dancing Pavilion]] by November 2. A row of posts leading from High Street to the park grounds were removed and the holes were filled in.<ref>"Roadways Cleared Up." ''Monday Columbus Dispatch.'' 2 November 1903. Pg. 7. </ref>
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| ==References==
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| <references />
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