Legal Opinion

1989 Street Improvement Program v. Denmark Township

Court of Appeals of Minnesota

Decided April 14, 1992No. C7-91-1819PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FORSBERG, Judge.

This is an appeal from a district court judgment upholding a resolution by the Town Board of Denmark Township, which ordered a street improvement and assessment on 117th Street in the township. Appellant argues that the resolution was invalid because four-fifths of “all” the members of the Town Board did not vote for the resolution.

FACTS

The facts in this case are undisputed. Several property owners/renters petitioned respondent to establish a private road off of 117th Street. By a vote of 3 to 0 in 1989, the five-member town board adopted a resolution ordering the…

2Cases cited3 opinions

  1. Lenz v. Coon Creek Watershed DistrictSupreme Court of Minnesota · 1967
  2. State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
  3. E.T.O., Inc. v. Town of MarionSupreme Court of Minnesota · 1985

3Cited by4 opinions

  1. Rochester City Lines Co. v. City of RochesterCourt of Appeals of Minnesota · 2017
  2. Op. Atty. Gen. 63b-14 (Cr. Ref. 61c), Minnesota Attorney General Reports2002
  3. Op. Atty. Gen. 63b-14 (Cr. Ref. 61c), Minnesota Attorney General Reports2002
  4. Opinion No. (2005), Nebraska Attorney General Reports2005

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