State Ex Rel. Peterson v. City of Fraser
Supreme Court of Minnesota
1DissentDevaney, Chief Justice
I cannot agree. I do not question but that the steps necessary to make the village of Fraser a home rule city were meticulously met. The constitution requires freeholders. To my mind this means Tyona fide freeholders. In the case at bar the charter commissioners were not Iona fide freeholders. We are not concerned with motives or with political controversy. We are concerned solely with the plain meaning and intent of the law. It has been held repeatedly in other jurisdictions that a person who becomes a freeholder or landowner for the sole purpose of enabling himself to sign an application,…
2Cases cited12 opinions
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
- People ex rel. Saunier v. StrattonSupreme Court of Colorado · 1905
- Bennett v. OttoNebraska Supreme Court · 1903
- Powell v. MorrillNebraska Supreme Court · 1908
- Cohn v. WelliverNebraska Supreme Court · 1909
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