State ex rel. Secombe v. Board of Park Commissioners
Supreme Court of Minnesota
Mandamus. Appeal by the Board of Park Commissioners from an order of the district court for Hennepin county, Young, J., presiding, directing a peremptory writ to issue, commanding respondent to pay to relator, or to set aside and deposit for relator, the amount of the damages awarded to her for taking land for park purposes.
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Mandamus. Appeal by the Board of Park Commissioners from an order of the district court for Hennepin county, Young, J., presiding, directing a peremptory writ to issue, commanding respondent to pay to relator, or to set aside and deposit for relator, the amount of the damages awarded to her for taking land for park purposes. From the alternative writ, return, and stipulation of the parties, the following facts appear: On March 22, 1884, the Board of Park Commissioners duly confirmed an appraisal of damages made by park appraisers as required bylaw. This appraisal awarded $9,864 damages, in…
1Opinion of the CourtBerry, J.
Subdivision 9, section 4, of the Minneapolis park act, {Sp. Laws, 1883, c. 281,) enacts that “the damages appraised” for property proposed to be taken for parks “shall be paid out of the park fund, and shall be paid, or tendered, or deposited and set apart in the treasury of said city to and for the use of the parties entitled thereto, within six months from the confirmation of such appraisement and report” of the appraisers appointed by the board of park commissioners. This is the only provision which we find in the act touching the payment of damages,awarded as compensation for property…
2Cited by2 opinions
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