McGee v. Board of County Commissioners
Supreme Court of Minnesota
Action in the district court for Hennepin count y to recover the amount of a local assessment levied upon land of plaintiff pursuant to Laws 1897, c. 88, for the improvement of Lake Minnetonka, said assessment having been paid into the county treasury under protest and for the purpose of effecting a transfer of said property. From an order sustaining a demurrer to the complaint, plaintiff appealed.
1Opinion of the CourtLovely, J.
Appeal from an order sustaining a demurrer questioning the sufficiency of the complaint, which, in apt and appropriate terms, alleges a local assessment upon shore lots of Lake Minnetonka to pay their proportionate share for the improvement made under Laws 1897, e. 88, considered on other grounds by this court in Carpenter v. Board of Co. Commrs., 56 Minn. 513, 58 N. W. 295, and State v. District Court, 83 Minn. 464, 86 N. W. 455.
This pleading, without doubt, raises the question of the validity of such assessments, which, upon the claim that they were involuntarily paid, under the rule of…
2Cases cited13 opinions
- State ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
- Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
- Lien v. Board of County CommissionersSupreme Court of Minnesota · 1900
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- State v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- State ex rel. Foot v. BazilleSupreme Court of Minnesota · 1905
- State ex rel. Jonason v. CrosbySupreme Court of Minnesota · 1904
10 more not listed; retrieve them via the Exa API.