Legal Opinion

State ex rel. Banner Grain Co. v. Houghton

Supreme Court of Minnesota

Decided February 14, 1919No. 21,027PublishedCited by 23 opinions

Upon the relation of the Banner Grain Company the district court for Hennepin county granted its alternative writ of mandamus directing J ames G. Houghton, as inspector of buildings of the city of Minneapolis, to issue a permit to plaintiff for the construction of a cereal mill upon certain lots.

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Upon the relation of the Banner Grain Company the district court for Hennepin county granted its alternative writ of mandamus directing J ames G. Houghton, as inspector of buildings of the city of Minneapolis, to issue a permit to plaintiff for the construction of a cereal mill upon certain lots. The answer of the respondent alleged that the city council of Minneapolis in July, 1914, enacted an ordinance amending-an ordinance classifying and designating certain buildings, business occupations, industries and enterprises in that city as business industries, and defining and designating certain…

1Opinion of the CourtQuinn, J.

The city of Minneapolis has, by ordinance, designated a certain area within its limits as a residential district, forbidding the erection or operation of factories or industrial plants therein. The relator, Banner Grain Company, since the adoption of this ordinance, purchased a parcel of ground bordering 149.4 feet upon the right-of-way of the Chicago, Milwaukee & St. Paul Railway Company, within such prescribed area, for the purpose of erecting thereon.a mill in which to manufacture graham flour, eornmeal, chicken feed and dairy foods.

The relator applied to the proper officers of the city…

2Cases cited3 opinions

  1. State ex rel. Lachtman v. HoughtonSupreme Court of Minnesota · 1916
  2. State ex rel. Roerig v. City of MinneapolisSupreme Court of Minnesota · 1917
  3. Meyers v. HoughtonSupreme Court of Minnesota · 1917

3Cited by23 opinions

  1. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  2. Anderson v. JesterSupreme Court of Iowa · 1928
  3. Inspector of Buildings v. StoklosaMassachusetts Supreme Judicial Court · 1924
  4. State Ex Rel. v. HoughtonSupreme Court of Minnesota · 1925
  5. State ex rel. Twin City Building & Investment Co. v. HoughtonSupreme Court of Minnesota · 1919

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