Legal Opinion

School District No. 40 v. Bolstad

Supreme Court of Minnesota

Decided May 16, 1913No. Nos. 18,007—(91)PublishedCited by 11 opinions

School District No. 40 of Rock county, by its school board, petitioned the district court for that county to condemn a certain parcel of land as a site for a school house.

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School District No. 40 of Rock county, by its school board, petitioned the district court for that county to condemn a certain parcel of land as a site for a school house. The petition was heard by Nelson, J., and when petitioners rested P. J. Bolstad and Oliana Bolstad moved that the application be dismissed on the ground that the evidence was insufficient to authorize the granting of the petition, that it did not appear that any such proceeding had been authorized by the school district, or that any necessity existed for the condemnation of the land, and that it did not appear that the…

1Opinion of the Court

Dibell, C.

The defendant appeals from a judgment of the district court of Rock county condemning certain land for the purpose of a schoolhouse site. A number of objections are made to the condemnation proceedings which we now consider:

1. The voters of the school district determined, at a special meeting called for that purpose, to change the location of the school house to a definite site, and authorized the school board to acquire the new site by lease, purchase or condemnation. The claim of the defendant is that such change could be made only at the annual meeting for which provision is made…

2Cases cited1 opinion

  1. Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900

3Cited by11 opinions

  1. City of Minneapolis v. WurteleSupreme Court of Minnesota · 1980
  2. Brazil v. County of SibleySupreme Court of Minnesota · 1918
  3. State ex rel. Smith v. Van ReedSupreme Court of Minnesota · 1914
  4. State ex rel. Hilton v. VollSupreme Court of Minnesota · 1923
  5. Independent School District No. 68 v. RosenowSupreme Court of Minnesota · 1932

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