Lerch v. City of Duluth
Supreme Court of Minnesota
Action in the district coui;t for St. Louis county to recover from defendant $10,095, for damages resulting from the revocation by defendant’s common council of a permit previously granted plaintiff to remove a frame building to a designated location within the fire limits of defendant city. From an order, Cant, J., overruling a demurrer to the complaint, defendant appealed. There is no liability if the action of the city was a valid exercise of the police power.
Read the full summary
Action in the district coui;t for St. Louis county to recover from defendant $10,095, for damages resulting from the revocation by defendant’s common council of a permit previously granted plaintiff to remove a frame building to a designated location within the fire limits of defendant city. From an order, Cant, J., overruling a demurrer to the complaint, defendant appealed. There is no liability if the action of the city was a valid exercise of the police power. Metropolitan v. Barrie, 34 N. Y. 657; State v. Cooke, 24 Minn. 247; State v. Harris, 50 Minn. 128; Schwuchow v. City, 68 Ill. 444;…
1Opinion of the CourtLovely, J.
This is an appeal from an order overruling a demurrer to a complaint upon the ground that it does not state a cause of action. The material part of plaintiff’s pleading here involved discloses in brief the following facts: That he was the owner of a frame barn within the fire limits of the city of Duluth. By virtue of the ordinances of the city it was unlawful to remove such structure to another place within such limits without a permit from the city council. Such permit was duly obtained authorizing the removal to be made under the direction of the building inspector. The plaintiff relied…
2Cases cited11 opinions
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- Boehm v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
- Peters v. City of LindsborgSupreme Court of Kansas · 1889
- Stevens v. City of MuskegonMichigan Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Trans-Oceanic Oil Corp. v. City of Santa BarbaraCalifornia Court of Appeal · 1948
- Roerig v. HoughtonSupreme Court of Minnesota · 1919
- Claussen v. City of LuverneSupreme Court of Minnesota · 1908
- Rehmann v. City of Des MoinesSupreme Court of Iowa · 1927
- Lindemann v. City of KenoshaWisconsin Supreme Court · 1932
6 more not listed; retrieve them via the Exa API.