City of Duluth v. Davidson
Supreme Court of Minnesota
The board of public works of the city of Duluth having levied an assessment upon abutting property to defray the cost of constructing a sewer, defendant Robert A. Davidson, owner of certain lots affected rthereby, appealed to the district court for St. Louis county. The case 'was tried before Cant, J., who found in favor of the city and directed ■judgment confirming the assessment. From a judgment entered pur•suant to the findings, defendant appealed.
1Opinion of the Court
«LEWIS, J.
The city charter of Duluth provides that a sewer improvement may :be commenced by the city council upon a petition therefor signed by the ■owners of ten per cent, of the real estate to be assessed for the same. Section 356, in part, reads:
The city of Duluth is hereby authorized * * * to construct, lay, relay and repair * * * sewers * * * in, over or under any street * * * and the whole or any part of the expense of any such improvement may be, subject to the provisions hereinafter contained, defrayed by an assessment upon the real estate benefited thereby in proportion to such…
2Cases cited2 opinions
- State ex rel. Shannon v. Judges of District Court of Eleventh Judicial DistrictSupreme Court of Minnesota · 1892
- State ex rel. Eaton v. District CourtSupreme Court of Minnesota · 1905
3Cited by5 opinions
- Quality Homes, Inc. v. Village of New BrightonSupreme Court of Minnesota · 1971
- Hughes v. FarnsworthSupreme Court of Minnesota · 1917
- Qvale v. City of WillmarSupreme Court of Minnesota · 1946
- Independent School District No. 47 v. Meeker CountySupreme Court of Minnesota · 1919
- City of Duluth v. Duluth Street Railway Co.Supreme Court of Minnesota · 1920