Park v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county by plaintiff, in behalf of himself and all other persons using vehicles upon the streets, avenues or alleys of the city of Duluth, to restrain defendant city and its officers from enforcing the provisions of an ordinance adopted in July, 1910, and amended in 1911, by the city council of that city “regulating the use of streets, avenues and alleys within the city of Duluth by vehicles and imposing a tax or fee for such use”…
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Action in the district court for St. Louis county by plaintiff, in behalf of himself and all other persons using vehicles upon the streets, avenues or alleys of the city of Duluth, to restrain defendant city and its officers from enforcing the provisions of an ordinance adopted in July, 1910, and amended in 1911, by the city council of that city “regulating the use of streets, avenues and alleys within the city of Duluth by vehicles and imposing a tax or fee for such use” and for a temporary restraining order. The answer set up the adoption of the home rule charter for the city in 1900 and…
1Opinion of the CourtHallam, J.
The city council of Duluth passed an ordinance imposing a wheelage tax upon vehicles using the streets of the city, the proceeds to be used in repairing and improving the city streets. The ordinance forbids the use *298of the city streets to vehicles upon which the tax is not paid. Relator, a resident and owner of an automobile in the city, brings this proceeding to restrain the enforcement of the tax.
1. It is not seriously questioned that the legislature might impose a wheelage tax upon vehicles. We have no doubt that it might do so. The power of the legislature to tax is plenary. It is not…
2Cases cited17 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908
- Fort Smith v. ScruggsSupreme Court of Arkansas · 1902
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- Grant v. BerrisfordSupreme Court of Minnesota · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924
- City of Duluth v. CervenySupreme Court of Minnesota · 1944
- Wadsworth v. Santaquin CityUtah Supreme Court · 1933
- State v. CaplanSupreme Court of Vermont · 1927
37 more not listed; retrieve them via the Exa API.