Legal Opinion

Hunt v. City of Montevideo

Supreme Court of Minnesota

Decided January 26, 1917No. Nos. 20,092—(208)PublishedCited by 4 opinions

Upon the relation of Alva E. Hunt the district court for Chippewa county granted its writ of certiorari to review proceedings by the council of the city of Montevideo in condemning land for an alley. The matter was heard by Qvale, J., who granted respondent’s motion to quash the writ on the ground that it was prematurely issued and relator had a right of appeal. From the judgment entered pursuant to the order of dismissal, relator appealed.

1Opinion of the CourtBrown, C. J.

Eelator sued out a writ of certiorari from the district court of Chippewa county to review a resolution of the city council of the city of Montevideo laying out and attempting to establish an alley over and across his property. The writ was quashed and the proceeding dismissed *437on the return day, upon motion of respondent, on the ground that it was prematurely issued, and that there was an adequate remedy by appeal. . Judgment was entered accordingly and relator appealed.

Two questions are presented, namely: (1) Whether an adequate remedy by appeal is provided for and given by the city charter;…

2Cases cited4 opinions

  1. Clay v. Pennoyer Creek Improvement Co.Michigan Supreme Court · 1876
  2. State ex rel. Tolversen v. District CourtSupreme Court of Minnesota · 1916
  3. Mundwiler v. BentsonSupreme Court of Minnesota · 1914
  4. Grinager v. Town of NorwaySupreme Court of Minnesota · 1885

3Cited by4 opinions

  1. State ex rel. Hunt v. City of MontevideoSupreme Court of Minnesota · 1919
  2. State ex rel. Greenberg v. EricksonSupreme Court of Minnesota · 1924
  3. Aastad v. Board of County CommissionersSupreme Court of Minnesota · 1961
  4. Heller v. SchroederSupreme Court of Minnesota · 1931

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