Legal Opinion

Oppegaard v. Board of Commissioners

Supreme Court of Minnesota

Decided February 7, 1913No. Nos. 17,899—(167)PublishedCited by 12 opinions

Enoch Oppegaard and others appealed to the district court for Renville county from an .order of the board of county commissioners of Renville county in the matter of a petition affecting Independent School District No. 40 and common school districts Nos. 35, 41, 43, 94 and 128, on the ground (1) that the county board had no jurisdiction to act; (2) that the county board had exceeded its jurisdiction; and (3) that its action was against the best interests of the territory…

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Enoch Oppegaard and others appealed to the district court for Renville county from an .order of the board of county commissioners of Renville county in the matter of a petition affecting Independent School District No. 40 and common school districts Nos. 35, 41, 43, 94 and 128, on the ground (1) that the county board had no jurisdiction to act; (2) that the county board had exceeded its jurisdiction; and (3) that its action was against the best interests of the territory affected. The board of county commissioners filed its complaint in the district court. Appellants for their answer to the…

1Opinion of the CourtPhilip E. Brown, J.

1. In the yea-r 1908 certain legal voters residing in Sacred Heart, an incorporated village of not over 2,000 inhabitants and situated in school district No. 40, county of Kenville, petitioned the county board, under the proviso of Laws 1907, p. 212, c. 188, for an enlargement of such district. The petition and notice of hearing thereon contained, among other things, a description of the territory sought to be added; but, at the time stated, a certain 80 acres of land, hereafter referred to, was a part of school district No. 131 of the same county, and this land was not included in either the…

2Cases cited5 opinions

  1. Slingerland v. NortonSupreme Court of Minnesota · 1894
  2. Hall v. City of MadisonWisconsin Supreme Court · 1906
  3. Gerber v. Board of County CommissionersSupreme Court of Minnesota · 1903
  4. Olive v. School DistrictNebraska Supreme Court · 1910
  5. Jordan Land Co. v. FreebornWisconsin Supreme Court · 1912

3Cited by12 opinions

  1. Kiges v. City of St. PaulSupreme Court of Minnesota · 1953
  2. Mattson v. FlynnSupreme Court of Minnesota · 1944
  3. State v. IversonSupreme Court of Minnesota · 2003
  4. Smith ex rel. Smith v. City of St. PaulSupreme Court of Minnesota · 1914
  5. Arlandson v. HumphreySupreme Court of Minnesota · 1947

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