Legal Opinion

Benton v. County of Hennepin

Supreme Court of Minnesota

Decided May 1, 1914No. Nos. 18,694 — (42)PublishedCited by 1 opinion

Action in tbe district court for Hennepin county by a taxpayer of that county to restrain defendánt county and the members of the board of commissioners of that county and the county auditor from proceeding under a certain petition for a state rural highway, or from paying out any funds of the county for work or materials for the construction and improvement of a certain state rural highway to be known as Rockford Road, No. 33, under a certain resolution of the board of…

Read the full summary

Action in tbe district court for Hennepin county by a taxpayer of that county to restrain defendánt county and the members of the board of commissioners of that county and the county auditor from proceeding under a certain petition for a state rural highway, or from paying out any funds of the county for work or materials for the construction and improvement of a certain state rural highway to be known as Rockford Road, No. 33, under a certain resolution of the board of county commissioners, unless defendants shall, as a part of the proceedings, appoint viewers as required by law to assess…

1Opinion of the CourtPhilip E. Brown, J.

In September, 1913, the board of county commissioners of Hennepin county, upon the first hearing of a petition under Laws 1911, p. 352, c. 254, known as the Elwell Law, for the establishment of a state rural highway, resolved that such highway would be a public benefit, ordered its establishment, construction and improvement, the cost to be shared equally by the state and county, without assessment upon lands abutting thereon or specially benefited thereby, and appointed an engineer to make survey of the line and furnish computations and specifications upon construction. • This, a taxpayer’s…

2Cases cited3 opinions

  1. Cooke v. IversonSupreme Court of Minnesota · 1909
  2. Fleckten v. LambertonSupreme Court of Minnesota · 1897
  3. Murray v. SmithSupreme Court of Minnesota · 1912

3Cited by1 opinion

  1. Alexander v. McInnisSupreme Court of Minnesota · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API