Vallelly v. Board of Park Commissioners
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by John Vallelly and another against the board of park commissioners of the park district of the City of Grand Forks and others. From an order sustaining a demurrer to the complaint, plaintiffs appeal. . If an independent board is in fact an agency of the municipality, the debts created by it are the debts of such municipality and must be considered in fixing its constitutional debt limit.
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Appeal from District Court, Grand Forks county; Fisk, J. Action by John Vallelly and another against the board of park commissioners of the park district of the City of Grand Forks and others. From an order sustaining a demurrer to the complaint, plaintiffs appeal. . If an independent board is in fact an agency of the municipality, the debts created by it are the debts of such municipality and must be considered in fixing its constitutional debt limit. Gray on Limitation of Taxing Power 1110; Wilcoxen v. City of Bluffton, 54 N. E. 110; Orvis v. Park Commissioners, 56 N. W. 294. Delegation of…
1Opinion of the CourtMorgan, C. J.
This is an action brought to restrain the board of park commissioners of the city of Grand Forks from issuing bonds in the sum of $25,000 to be used for park purposes in said city. The action is brought by the plaintiffs as electors and property owners of said city. The park board commissioners were appointed by the city council of the city of Grand Forks under chapter 143, p. 256, of the Laws of 1905, entitled “An act creating park districts and for the government thereof, creating a board of park commissioners, conferring power and authority upon such board and district and providing rules…
2Cases cited15 opinions
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Tuttle v. PolkSupreme Court of Iowa · 1894
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3Cited by29 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- City of Bowling Green v. KirbyCourt of Appeals of Kentucky (pre-1976) · 1927
- Campbell County v. City of NewportCourt of Appeals of Kentucky · 1917
- Seward v. BowersNew Mexico Supreme Court · 1933
24 more not listed; retrieve them via the Exa API.