Legal Opinion

State ex rel. Scotten v. Brill

Supreme Court of Minnesota

Decided July 10, 1894No. 8925PublishedCited by 17 opinions

Certiorari issued out of this court on the relation of Frederick Scotten and twenty two others to Hascal R. Brill, one of the judges of the District Court of Ramsey County, requiring him to certify and return to this court the record, files and proceedings remaining in that court before him in the proceedings to establish Indian Mound Park in the City of St. Paúl and assess the benefits arising therefrom in part upon adjacent real estate.

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Certiorari issued out of this court on the relation of Frederick Scotten and twenty two others to Hascal R. Brill, one of the judges of the District Court of Ramsey County, requiring him to certify and return to this court the record, files and proceedings remaining in that court before him in the proceedings to establish Indian Mound Park in the City of St. Paúl and assess the benefits arising therefrom in part upon adjacent real estate. In making the assessment the district was divided into three sub-districts. Assessment was based on the location of the lots exclusively. There were pieces…

1Opinion of the CourtMitchell, J.

Certiorari to review the judgment of the District Court confirming assessments against relators’ property for benefits from a proposed improvement, called “Indian Mound Park,” on Dayton’s bluff, in St. Paul. The relators assail the validity of the park act (Sp. Laws 1891, ch. 35) on the following grounds:

First, -that it makes no adequate provision for the payment of compensation for land taken;

Second, it authorizes local assessments for improvements which are not certain-to be made;

*154Third, it requires that there be added to the damages for land taken an amount sufficient to provide for…

2Cases cited1 opinion

  1. In re Lincoln ParkSupreme Court of Minnesota · 1890

3Cited by17 opinions

  1. State v. WalkerSupreme Court of Iowa · 1998
  2. State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
  3. State v. BonerSupreme Court of Iowa · 1971
  4. Sawyer v. LorenzenSupreme Court of Iowa · 1910
  5. In re Improvement of Lake of the Isles ParkSupreme Court of Minnesota · 1922

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