Legal Opinion

Kelty v. City of Minneapolis

Supreme Court of Minnesota

Decided December 28, 1923No. 23,618PublishedCited by 6 opinions

1Opinion of the CourtDibell, J.

Action to enjoin the defendant city and its officers from removing a concrete retaining wall constructed in front of her lot and concrete steps leading to her buildings. There was a temporary injunction. Upon final hearing the temporary injunction was dissolved and there was judgment for the defendants. The plaintiff appeals from the judgment.

The abutting owner owns to the center of the street, subject to the easement of the public, and may use it for a purpose compatible with the free use by the public of its easement, Town of Glencoe v. Reed, 93 Minn. 518, 101 N. W. 956, 67 L. R. A. 901, 2…

2Cases cited5 opinions

  1. McDowell v. Village of PrestonSupreme Court of Minnesota · 1908
  2. West v. Village of White BearSupreme Court of Minnesota · 1909
  3. Town of Rost v. O'ConnorSupreme Court of Minnesota · 1920
  4. Pederson v. City of RushfordSupreme Court of Minnesota · 1920
  5. Town of Glencoe v. ReedSupreme Court of Minnesota · 1904

3Cited by6 opinions

  1. Yale University v. City of New HavenSupreme Court of Connecticut · 1926
  2. City of Emporia v. HumphreySupreme Court of Kansas · 1931
  3. Kochevar v. City of GilbertSupreme Court of Minnesota · 1966
  4. Foote v. City of CrosbySupreme Court of Minnesota · 1981
  5. Heidemann v. City of Sleepy EyeSupreme Court of Minnesota · 1935

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