Cook v. Slocum
Supreme Court of Minnesota
Plaintiff, being owner of lot 1, block 29, in Snyder & Co.’s-addition to Minneapolis, which had been assessed for widening and straightening Nicollet avenue in that city, brought this action in the district court for Hennepin county against the defendant Slocum, as county treasurer, and against the city, to have the assessment declared void, and to restrain the sale of the lot.
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Plaintiff, being owner of lot 1, block 29, in Snyder & Co.’s-addition to Minneapolis, which had been assessed for widening and straightening Nicollet avenue in that city, brought this action in the district court for Hennepin county against the defendant Slocum, as county treasurer, and against the city, to have the assessment declared void, and to restrain the sale of the lot. The defendants demurred to the complaint. ■ The demurrer was overruled, and they answered, and plaintiff demurred to the answer. This demurrer was sustained by Young, J., and the defendants appealed.
1Opinion of the CourtCornell, J.
By article 9, section 1, of the constitution, it is provided “that the legislature may, by general law or ■special act, authorize municipal corporations to levy assessments for local improvements upon the property fronting upon such improvements, or upon the property to be benefited by such improvements, without regard to a cash valuation, and in such manner as the legislature may prescribe. ” Within the meaning of this clause of the constitution, widening and- straightening part of a public street in a particular locality in- a city is a local improvement, and, under the *511authority thus…
2Cases cited2 opinions
- Rogers v. City of St. PaulSupreme Court of Minnesota · 1876
- Carpenter v. City of St. PaulSupreme Court of Minnesota · 1876
3Cited by6 opinions
- State ex rel. Merrick v. District Court of Hennepin CountySupreme Court of Minnesota · 1885
- Walters v. City of TampaSupreme Court of Florida · 1924
- McKusick v. City of StillwaterSupreme Court of Minnesota · 1890
- State ex rel. Hughes v. District CourtSupreme Court of Minnesota · 1905
- Mayer v. City of ShakopeeSupreme Court of Minnesota · 1911
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