Troy v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to restrain defendant commissioner from issuing a building permit to defendant Oehr-lein and the latter from erecting a foundry upon certain premises. From an order, Sanborn, J., sustaining defendant city’s demurrer to the amended complaint, plaintiff appealed.
1Opinion of the Court
LeeS/O.
Appeal from an order sustaining a demurrer to plaintiff’s amended complaint. The cause of action set out therein and in the original complaint was founded on section 674 of article 16 of the building ordinance of the city of St. Paul, which declared that foundries and other classes of buildings enumerated could not be erected in a residential or business district unless the consent of the owners of certain classes of property was obtained.
The original complaint alleged that plaintiff was the owner of property adjacent to that owned by the defendant Oehrlein; that Oehrlein had applied…
2Cases cited5 opinions
- People v. Bank of San Luis ObispoCalifornia Supreme Court · 1910
- Vance v. RankinIllinois Supreme Court · 1902
- PUBLIC UTIL. COMMRS. v. Compania GeneralSupreme Court of the United States · 1919
- Riley v. BellIndiana Supreme Court · 1915
- Anderson v. Village of LouisbergSupreme Court of Minnesota · 1913
3Cited by11 opinions
- Holen v. Minneapolis-St. Paul Metropolitan Airports CommissionSupreme Court of Minnesota · 1957
- Barnes v. MacKenSupreme Court of Minnesota · 1958
- Village of Savage v. Minnesota Municipal CommissionSupreme Court of Minnesota · 1970
- State Ex Rel. Bennett v. BrownSupreme Court of Minnesota · 1943
- McDonald v. Beverage Drivers & Helpers & WarehousemenSupreme Court of Minnesota · 1943
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