Schussler v. Board of Commissioners
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Hennepin county, in favor of plaintiff, entered in pursuance of tin-findings and order of Elliott, J. Lake Minnetonka is a navigable body of water. Minnehaha creek is its outlet. It rises and falls with the waters of the lake and is virtually a part of the lake. The world is charged with notice that the lake is navigable, and that the waters of the creek are waters of that lake.
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Appeal by defendant from a judgment of the district court for Hennepin county, in favor of plaintiff, entered in pursuance of tin-findings and order of Elliott, J. Lake Minnetonka is a navigable body of water. Minnehaha creek is its outlet. It rises and falls with the waters of the lake and is virtually a part of the lake. The world is charged with notice that the lake is navigable, and that the waters of the creek are waters of that lake. Those buying land upon the lake buy subject to the right of the sovereign to control the waters absolutely within natural high-water mark, regardless of…
1Opinion of the CourtBuck, J.
The board of county commissioners of Hennepin county in the year 1893 erected a dam across Minnehaha creek, the natural outlet of Lake Minnetonka, and about 3£ miles below said lake, under the supposed authority of Sp. Laws 1891, c. 381, for the purpose of raising and maintaining a uniform height of water in the lake, in aid of navigation. The plaintiff at the time of the erection of the dam, and for many years prior thereto, owned a piece of land about 3£ miles below this dam, upon which he had erected and used a gristmill operated by the water of this stream; and, to this end, plaintiff had…
2Cited by21 opinions
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Board of Education v. RobinsonSupreme Court of Minnesota · 1900
- Austin v. Village of Tonka BaySupreme Court of Minnesota · 1915
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
- Board of County Commissioners v. JacobsSupreme Court of Kansas · 1908
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