Russell v. City of Fargo
North Dakota Supreme Court
Action to enjoin the city commission and city engineer of the city of Fargo from interfering with the rights of plaintiff to make repairs upon a building owned by her within the fire limits of the city of Fargo, and from constructing and maintaining a fence to turn pedestrians off the sidewalk adjoining such building. The defendants had judgment dismissing plaintiff’s action, from which this appeal was taken.
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Action to enjoin the city commission and city engineer of the city of Fargo from interfering with the rights of plaintiff to make repairs upon a building owned by her within the fire limits of the city of Fargo, and from constructing and maintaining a fence to turn pedestrians off the sidewalk adjoining such building. The defendants had judgment dismissing plaintiff’s action, from which this appeal was taken. Hon 0. A. Pollock, J". The ordinance which is the foundation for these proceedings on the part of the defendant is unconstitutional and void. Its provisions are arbitrary and…
1Opinion of the Court
Spalding, Ch. J.
The object of this suit is to obtain a decree adjudging that the building ordinance of the city of Fargo, known as Chapter 13 of the Consolidated Ordinances, as amended in § 9 of title 2, chap. 2, and §§ 1 and 2 thereof, by an ordinance approved June 16, 1910, is null and void; that certain proceedings instituted thereunder, as relating to a building owned by the plaintiff and appellant in July, 1913, situated on lots 1 and 2 of S. G. Robert’s addition to the city of Fargo according to plat No. 2, he adjudged illegal and void; and that plaintiff have a permanent injunction…
2Cases cited13 opinions
- City of Buffalo v. . ChadeayneNew York Court of Appeals · 1892
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Eichenlaub v. City of St. JosephSupreme Court of Missouri · 1893
- Frank v. City of AtlantaSupreme Court of Georgia · 1884
- Johnson v. County of Grand ForksNorth Dakota Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Crossman v. City of GalvestonTexas Supreme Court · 1923
- Soderfelt v. City of DraytonNorth Dakota Supreme Court · 1953
- Bettey v. City of SidneyMontana Supreme Court · 1927
- Perepletchikoff v. City of Los AngelesCalifornia Court of Appeal · 1959
- Zalk & Josephs Realty Co. v. Stuyvesant InsuranceSupreme Court of Minnesota · 1934
8 more not listed; retrieve them via the Exa API.