Legal Opinion

Carpenter v. Board of County Com'rs

Supreme Court of Minnesota

Decided February 10, 1894No. Nos. 8460, 8461PublishedCited by 42 opinions

Certiorari issued August 3, 1893, by this court, on the relation of Herbert M. Carpenter, Reuben C. Benton and the Minneapolis Trust Company, to tbe District Court of Hennepin County, Frederick Hooker, J., to certify and return to this court the files, record and judgment in tbe matter of tbe proceedings of tbe Board of County Commissioners of the County of Hennepin to establish and maintain a uniform stage of water in Lake Minnetonka, under Sp.

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Certiorari issued August 3, 1893, by this court, on the relation of Herbert M. Carpenter, Reuben C. Benton and the Minneapolis Trust Company, to tbe District Court of Hennepin County, Frederick Hooker, J., to certify and return to this court the files, record and judgment in tbe matter of tbe proceedings of tbe Board of County Commissioners of the County of Hennepin to establish and maintain a uniform stage of water in Lake Minnetonka, under Sp. Laws 1891, ch. 381. The act authorizes the County Commissioners to establish a uniform height at which the waters shall be maintained, not above high…

1Opinion of the CourtMitchell, J.

Lake Minnetonka is a large, navigable body of water, situated mainly, but not wholly, in Hennepin county. The shores of the lake are in some places somewhat steep and abrupt, and in other places low and flat, and bounded by large tracts of low land, only slightly elevated above the ordinary level of the water in the lake. These lands form no part of the bed of the lake, but are more or less subject to periodical overflow at certain seasons of the year, — during some years in times of high water caused by rains or melting snows; but they are sufficiently dry, when the water subsides, to be…

2Cases cited3 opinions

  1. Howard v. IngersollSupreme Court of the United States · 1852
  2. Weaver v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1881
  3. Houghton v. C., D. & M. R.Supreme Court of Iowa · 1877

3Cited by42 opinions

  1. State v. KorrerSupreme Court of Minnesota · 1914
  2. Flisrand v. MadsonSouth Dakota Supreme Court · 1915
  3. Borough of Ford City v. United StatesCourt of Appeals for the Third Circuit · 1965
  4. Sun Dial Ranch v. May Land Co.Oregon Supreme Court · 1912
  5. Ephraim Creek C. & C. Co. v. BraggWest Virginia Supreme Court · 1914

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