Kennedy v. City of Fargo
North Dakota Supreme Court
Cross-actions to enjoin the obstructions of a public sidewalk, and to prohibit the city officials from interfering therewith. Appeal from the District Co-urt of Cass County, Honorable O. M. Qooley, Judge. City of Fargo appeals.
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Cross-actions to enjoin the obstructions of a public sidewalk, and to prohibit the city officials from interfering therewith. Appeal from the District Co-urt of Cass County, Honorable O. M. Qooley, Judge. City of Fargo appeals. Statement of facts by Bruce, Ch. J. The case'of Kennedy et al v. City of Fargo et al. involves an appeal from a temporary injunction, enjoining and restraining the city of Fargo, its city commissioners, its city engineer, its city attorney, and its city building inspector, “from obstructing, hindering, or interfering with the plaintiffs (who are the owners or lessees…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts). The statute provides that “the board of city commissioners shall have power ... to lay out, open, alter, establish, widen, grade, pave, park, or otherwise improve streets, alleys, avenues, sidewalks; ... to prevent and remove obstructions and encroachments upon the same; ... to regulate the use of sidewalks and all stiuctures thereunder and to require the owner or occupant of any premises to keep the sidewalks in front of. or along the same free from snow or other obstructions; ... to declare what shall be a nuisance and abate the same.” See § 3818,…
2Cases cited5 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Karasek v. PeierWashington Supreme Court · 1900
- Chapman v. City of LincolnNebraska Supreme Court · 1909
- Village of Ashley v. Ashley Lumber Co.North Dakota Supreme Court · 1918
3Cited by2 opinions
- Dacotah Hotel Company v. City of Grand ForksNorth Dakota Supreme Court · 1961
- City of Jamestown v. MiemietzNorth Dakota Supreme Court · 1959