Petersburg School District v. Peterson
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Proceedings by the Petersburg school district of Nelson county against Levi H. Peterson to condemn land. Judgment for plaintiff, and defendant appeals. The voters never selected the site sought to be condemned. The. proposition submitted was too indefinite as a designation. The boundaries were subsequently fixed by the board.
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Appeal from District Court, Nelson county; Fisk, J. Proceedings by the Petersburg school district of Nelson county against Levi H. Peterson to condemn land. Judgment for plaintiff, and defendant appeals. The voters never selected the site sought to be condemned. The. proposition submitted was too indefinite as a designation. The boundaries were subsequently fixed by the board. The school board has no discretion in the matter, but must obey the command of the voters in selecting a site, and are without power to supplement by their own judgment and action the incomplete action of the voters.…
1Opinion of the CourtMorgan, C. J.
The defendant appeals from a judgment adjudging that certain described lands belonging to him be condemned as a schoolhouse site upon payment of damages to him assessed by the jury at the sum of $300. The school board deemed it necessary to provide proper school privileges for the district, and thereupon called a meeting of the voters of the district to vote upon the selection and purchase of a site for a schoolhouse, as provided by section 701, Rev. -Codes 1899. At such meeting a majority of the votes cast was- in favor of a site described as follows: “For locating a new schoolhouse on the…
2Cases cited10 opinions
- City of San Francisco v. CollinsCalifornia Supreme Court · 1893
- Epling v. DicksonIllinois Supreme Court · 1897
- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
- Chesapeake & O. Canal Co. v. KeyU.S. Circuit Court for the District of District of Columbia · 1829
- Wilber v. WoolleyNebraska Supreme Court · 1895
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3Cited by17 opinions
- Westwego Canal & Terminal Co. v. Louisiana Highway CommissionSupreme Court of Louisiana · 1942
- City of Bismarck v. CaseyNorth Dakota Supreme Court · 1950
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
- Brainerd v. StateNew York Court of Claims · 1911
- Keller v. MillerSupreme Court of Colorado · 1917
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