Alexander v. City of Duluth
Supreme Court of Minnesota
Appeal by plaintiff, E. P. Alexander, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 11, 1893, sustaining a demurrer to' the complaint.
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Appeal by plaintiff, E. P. Alexander, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 11, 1893, sustaining a demurrer to' the complaint. The plaintiff is a resident and taxpayer of the city of Duluth and brings this action in behalf of himself and all others similarly situated, to restrain the defendants, the city, the Common Council, Mayor and Board of Public Works of Duluth from using or allowing to' be used any of the funds of the city in the construction of a proposed tunnel from. the. main shore to Minnesota Point under the ship canal that…
1Opinion of the CourtMitchell, J.
The only point made on this appeal is that Laws 1893, .ch. 210, entitled “An act to authorize the construction of tunnels by cities in certain cases,” is invalid. Several objections to the act are alleged; but the only one which we find it necessary to consider is that it is in violation of the constitution, Art. 4, § 33, as amended in 1892, which provides that “the legislature shall pass no local or special law regulating the affairs of * * * any county, city, village,” etc.; also, that “the legislature may repeal any existing special or local law, but shall not amend, extend or modify any…
2Cases cited3 opinions
- Nichols v. WalterSupreme Court of Minnesota · 1887
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- State v. Mayor of New BrunswickSupreme Court of New Jersey · 1885
3Cited by11 opinions
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- Lodoen v. City of WarrenSupreme Court of Minnesota · 1920
- State ex rel. Baker v. SullivanSupreme Court of Minnesota · 1895
- State ex rel. Corriston v. RogersSupreme Court of Minnesota · 1904
- In re Piedmont Ave. EastSupreme Court of Minnesota · 1894
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