City of Lidgerwood v. Michalek
North Dakota Supreme Court
Appeal from District Court, Richland county; W. S. Lauder, J. Action by the city of Lidgerwood against Albert Michalek and others. Judgment for plaintiff, and defendants appeal. The procedure for laying out and improving highways is found in sections 2279 and 2280 only; under these provisions the first step is to declare the work or improvement necessary, and this the city council of Lidgerwood did.
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Appeal from District Court, Richland county; W. S. Lauder, J. Action by the city of Lidgerwood against Albert Michalek and others. Judgment for plaintiff, and defendants appeal. The procedure for laying out and improving highways is found in sections 2279 and 2280 only; under these provisions the first step is to declare the work or improvement necessary, and this the city council of Lidgerwood did. The next step required is, that the resolution of the city council declaring such necessity be published for four consecutive weeks at least once in each week in the official newspaper of the…
1Opinion of the CourtYoung, C. J.
This action is prosecuted by the 'city of Lidgerwood for the purpose of condemning certain real estate owned by the defendants for street use, in opening and extending Wile}', Hubbard, and Severance avenues. The defendants demurred to the •complaint on the ground that it does not state facts sufficient to •constitute a cause of action. The demurrer was overruled, and the •defendants have appealed from the order overruling the same.
The complaint is sufficient, and the demurrer was property Overruled. The plaintiff has the right, under the statute, to lay out and •open streets, and to exercise…
2Cases cited4 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
- Holmes v. Village of Hyde ParkIllinois Supreme Court · 1887
- City of Fargo v. KeeneyNorth Dakota Supreme Court · 1903
3Cited by5 opinions
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Haggart v. AltonSouth Dakota Supreme Court · 1912
- Village of Reeder v. HansonNorth Dakota Supreme Court · 1927
- Park District v. ZechNorth Dakota Supreme Court · 1928