Village of Ashley v. Ashley Lumber Co.
North Dakota Supreme Court
Action to compel the removal of a frame building constructed in violation of a village ordinance. Appeal from the District Court of McIntosh County, Honorable Frank P. Allen, Judge. Judgment for defendant. Plaintiff appeals.
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Action to compel the removal of a frame building constructed in violation of a village ordinance. Appeal from the District Court of McIntosh County, Honorable Frank P. Allen, Judge. Judgment for defendant. Plaintiff appeals. A municipal corporation, either city or village, possesses, without special authorisation, the inherent power to establish by proper ordinances, fire limits within its borders, and to prosecute actions for the removal of buildings .constructed in violation of such ordinances. 2 Dill. Mun. Corp. 5th ed. § 727; 28 Cyc. 741 et seq.; 13 Am. & Eng. Enc. Law, 2d ed. 396. But…
1Opinion of the Court
Bruce, Ch. J.
This is an action in equity to have decreed to he a nuisance and abated as such, a certain frame building of the dimensions of 14 by 20 feet with 8-foot posts, which was constructed in the village of Ashley in violation of the terms of the village ordinance — which created a fire district.
Although it seems to be conceded that the building was not in itself such a structure as would have been deemed a nuisance at the common law, the plaintiff and appellant contends that since the building was within the limits of the fire district and was constructed in violation of the village…
2Cases cited18 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
- Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
- State ex rel. Shaw v. FrazierNorth Dakota Supreme Court · 1918
- Village of Pine City v. MunchSupreme Court of Minnesota · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Stockton v. Frisbie & LattaCalifornia Court of Appeal · 1928
- Town of Gallup v. ConstantNew Mexico Supreme Court · 1932
- City of Jamestown v. MiemietzNorth Dakota Supreme Court · 1959
- Village of Marion v. C. A. Finch Lumber Co.North Dakota Supreme Court · 1924
- Kennedy v. City of FargoNorth Dakota Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.