Townsend v. Underwood's Second Addition
Supreme Court of Minnesota
Application in the district court for Ramsey county by Mary R. Townsend and another for the vacation of the plat of Underwood’s Secortd Addition to the city of St. Paul. The matter was heard before Kelly, J., who found as a conclusion of law, that the court was without jurisdiction to grant relief. From a judgment entered pursuant to the findings, petitioners appealed.
1Opinion of the CourtCollins, J.
Upon petition in due form presented to the district court, it refused to vacate the town plat mentioned therein upon the ground that it was without jurisdiction to grant any relief in the matter. It held that the city council of the city of St. Paul, wherein the land was situated, had sole and exclusive jurisdiction and authority in the premises by reason of section 15, p. 14 (c. 4) of the city charter, which reads as follows:
“The common council of said city shall have the sole and exclusive power to vacate or discontinue public grounds, streets, alleys and highways within said city.”
It is…
2Cases cited2 opinions
- State ex rel. Getchell v. O'connorSupreme Court of Minnesota · 1900
- Fowler v. VandalSupreme Court of Minnesota · 1901
3Cited by5 opinions
- Board of Education v. HoughtonSupreme Court of Minnesota · 1930
- State ex rel. Smith v. City of International FallsSupreme Court of Minnesota · 1916
- Balch v. St. Anthony Park WestSupreme Court of Minnesota · 1915
- Batinich v. HarveySupreme Court of Minnesota · 1979
- Board of Education v. HoughtonSupreme Court of Minnesota · 1930