Legal Opinion

Thorpe v. City of Ada

Supreme Court of Minnesota

Decided May 25, 1917No. Nos. 20,423 — (243)PublishedCited by 5 opinions

Action in the district court for Norman county to annul a resolution of defendant’s council and to restrain defendant city from enforcing the resolution. An application for a temporary injunction was heard by Grindeland, J., who denied it. From the order denying the application, plaintiff appealed.

1Opinion of the CourtBunn, J.

On petition of property owners the city council of the city of Ada vacated a portion of Notten avenue to be used as a site for a public depot. This action was brought by plaintiff to enjoin the city, its mayor, alderman and city clerk, from enforcing this resolution. Plaintiff applied for a temporary injunction, and took this appeal from an order denying such application.

The trial court refused the injunction on the ground that the showing made was not sufficient to warrant interference with the action of the council, “conceding, without deciding,” that plaintiff had such a special interest…

2Cases cited4 opinions

  1. Vanderburgh v. City of MinneapolisSupreme Court of Minnesota · 1906
  2. Shaubut v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
  3. Gundlach v. HammSupreme Court of Minnesota · 1895
  4. Fitzer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1908

3Cited by5 opinions

  1. Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
  2. In re HullSupreme Court of Minnesota · 1925
  3. Reed v. Village of HibbingSupreme Court of Minnesota · 1921
  4. Schultz v. KroschSupreme Court of Minnesota · 1939
  5. Locascio v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1932

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