McConville v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover the amount of an assessment paid by plaintiff. The court, O. B. Lewis, J., found in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed.
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Action in the district court for Ramsey county to recover the amount of an assessment paid by plaintiff. The court, O. B. Lewis, J., found in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed. The evidence does not show that, the improvement of East Third street was abandoned, so as to bring the case within Valentine v. City of St. Paul, 34 Minn. 446. The finding that the improvement was abandoned is not sustained, either by the rescission or abandonment of the contract, or by the resolution of the common council, or by the lapse of time. Plaintiff’s…
1Opinion of the CourtBuck, J.
In January, 1891, the defendant instituted proceedings for opening, widening and extending East Third street, in the city of St. Paul, from White Bear avenue to the eastern boundary line of said city, a distance of one mile, across section 35, township 29, range 22, in Ramsey county, in this state. This property was then owned by one David J. Hennessy, who opposed such proceedings. The board of public works of said city confirmed the proceedings, and Hennessy appealed to the district court. On June 16, 1891, the common council of the defendant duly established the grade of said East Third…
2Cases cited2 opinions
- Valentine v. City of St. PaulSupreme Court of Minnesota · 1886
- Strickland v. City of StillwaterSupreme Court of Minnesota · 1895
3Cited by15 opinions
- Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
- District of Columbia v. ThompsonSupreme Court of the United States · 1930
- Grimes v. County of MercedCalifornia Court of Appeal · 1928
- State ex rel. Landon v. AndingSupreme Court of Minnesota · 1916
- State v. HolmesSupreme Court of Minnesota · 1925
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