Legal Opinion

West v. Village of White Bear

Supreme Court of Minnesota

Decided February 26, 1909No. Nos. 16,009—(154)PublishedCited by 11 opinions

Action in the district court for Ramsey county by five owners of real property in White Bear Village to enjoin defendants, members of the Village Council of White Bear, from cutting, destroying, removing or in any manner interfering with certain oak trees upon plaintiffs’' land.

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Action in the district court for Ramsey county by five owners of real property in White Bear Village to enjoin defendants, members of the Village Council of White Bear, from cutting, destroying, removing or in any manner interfering with certain oak trees upon plaintiffs’' land. The allegations of the answer were substantially the same asín the case of Gilbert v. Village of White Bear, infra, page 239. The case was tried before Hallam, J., who ordered that defendants been joined from cutting, destroying, removing or in any manner injuring or interfering with the trees upon plaintiffs’ lots or…

1Opinion of the CourtLewis, J.

This action was commenced by five property owners, whose premises abutted on Lake avenue in the village of White Bear, to restrain the village authorities from cutting certain trees upon their premises. In so far as respondents West and Mabon are concerned, the case is controlled by the decision in Gilbert v. Village of White Bear, infra, page 239, 119 N. W. 1063. The other respondents, however, occupy a slightly different position. In front of their premises some of the trees sought to be removed by the village authorities are located within the limits of Lake avenue.

The trial court ordered…

2Cases cited1 opinion

  1. Gilbert v. Village of White BearSupreme Court of Minnesota · 1909

3Cited by11 opinions

  1. Powell v. Township of CarlosSupreme Court of Minnesota · 1929
  2. Town of Rost v. O'ConnorSupreme Court of Minnesota · 1920
  3. Kochevar v. City of GilbertSupreme Court of Minnesota · 1966
  4. Pederson v. City of RushfordSupreme Court of Minnesota · 1920
  5. Foote v. City of CrosbySupreme Court of Minnesota · 1981

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