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The Supreme Court has stated that the commission had “the duty of considering the effect which the construction of the ordinance would have on public use and access” and that it was “obligated to ascertain the general intent of the legislature and to determine whether the effect sought to be accomplished by the municipality will be injurious to the public welfare and inconsistent with the spirit and purpose of the legislation under which the proposed ordinance is enacted.” Mullett, 387 S.W.2d at 361 (emphasis added).
Both the language of the ordinance and the case law provide that the public has the right to use the park and the commissioners’ authority is subject to the public’s use and enjoyment of the park. The location of the fence in an area that the public is free to use is a proper exercise of the commissioners’ authority. Appellants failed to show that the location of the fence so interfered with public use and access as to be an unreasonable exercise of the commissioners’ discretion. Point one is denied.
II. In point two, appellants contend the commissioners erred in approving a fence line that encroaches on the site and centerline of the park’s stadium box. Appellants claim the commissioners should have approved only the portion of the fence that does not encroach on the stadium box because “a public park can have only one centerline, as where a rectangular area is dedicated as a park.” Appellants also claim that even if the park can have more than one centerline, the location of the park’s stadium box is designated “as the boundary between the park lands and the mass of lots to the south.” Thus, they argue the commissioners erred in approving the fence that encroached on the stadium box. We disagree.
The record reflects that appellants did not object to the fence at the