Berberet v. City of Edina

This was a proceeding by injunction to restrain the defendant from committing a trespass upon the plaintiff’s land by opening, without condemnation proceedings, a pretended street through it. The plaintiff had bought a small tract of land within the city of Edina; had fenced it up, and was using it as a brick yard. The board of mayor and aldermen, on the petition of a number of citizens, and after a hearing, had passed an order declaring in effect that a lawful street existed through the plaintiff’s inclosure, declaring his obstructions a nuisance, and directing the street commissioner to…