Gilbert v. Village of White Bear
Supreme Court of Minnesota
Action in the district court for Ramsey county to restrain the village of White Bear and the members of the village council from the intended cutting, destroying, and removal of certain oak trees upon plaintiff’s premises.
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Action in the district court for Ramsey county to restrain the village of White Bear and the members of the village council from the intended cutting, destroying, and removal of certain oak trees upon plaintiff’s premises. The answer of defendants alleged that Lake avenue, as platted, was sixty feet in width and ever 'since its dedication in the year 1871 had been used, improved and publicly traveled as a public highway; that with the growth of population it became necessary to improve the same and open .the street to the full width of sixty feet, and that defendants as officers of defendant…
1Opinion of the CourtLewi'S, J.
Respondent commenced this action to enjoin the officers of the village of White Bear from cutting, destroying, and removing certain trees upon his property. The trial court found that respondent was the owner of certain lots, according to certain plats, fronting on White Bear Lake for a distance of ninety five feet, and valued at $5,000. According to the original plat, of date June 29, 1871, a street was designated and known as Lake avenue, and all of the lots constituting respondent’s premises abut upon this street; but it was never improved or used as a street or highway. The trial court…
2Cited by6 opinions
- West v. Village of White BearSupreme Court of Minnesota · 1909
- Town of Rost v. O'ConnorSupreme Court of Minnesota · 1920
- Nelson v. County BoardSupreme Court of Minnesota · 1923
- Magnuson v. City of White Bear LakeSupreme Court of Minnesota · 1973
- Schrack v. County of HennepinSupreme Court of Minnesota · 1920
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