Legal Opinion

State ex rel. Shannon v. Judges of District Court of Eleventh Judicial District

Supreme Court of Minnesota

Decided December 16, 1892PublishedCited by 22 opinions

On June 13,1892, the Board of Public Works of the City'of Duluth resolved to grade and improve Piedmont Avenue East in that city, and estimated the expense at $110,000. They assessed $90,750 of this upon the property lying within two hundred feet on either side of the avenue. On August 29,1892, the judges of the District Court of the Eleventh Judicial District made an order revising and confirming this assessment.

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On June 13,1892, the Board of Public Works of the City'of Duluth resolved to grade and improve Piedmont Avenue East in that city, and estimated the expense at $110,000. They assessed $90,750 of this upon the property lying within two hundred feet on either side of the avenue. On August 29,1892, the judges of the District Court of the Eleventh Judicial District made an order revising and confirming this assessment. On September 21, 1892, Charles E. Shannon and sixteen others, citizens and taxpayers of the city and owners of property assessed, filed their relation in this court setting forth…

1Opinion of the CourtGilfillan, C. J.

Certiorari, bringing before us the action of the district court confirming the assessment of benefits for grading Piedmont avenue west, in the city of Duluth. The question whether certiorari will lie to bring the proceedings of the district court before us was decided in the affirmative in Sherwood v. City of Duluth, 40 Minn. 22, (41 N. W. Rep. 234,) and it was also decided that the proceedings may be thus reviewed here, notwithstanding the charter declares that the decision of the court shall be res adjudicata, and no appeal shall be allowed. It is unnecessary to consider whether in any…

2Cases cited5 opinions

  1. State ex rel. Cunningham v. District Court of Ramsey CountySupreme Court of Minnesota · 1882
  2. State ex rel. Lawton v. District Court of Ramsey CountySupreme Court of Minnesota · 1890
  3. Steffenson v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
  4. Seeley v. KilloranSupreme Court of Minnesota · 1893
  5. Sherwood v. City of DuluthSupreme Court of Minnesota · 1889

3Cited by22 opinions

  1. Allen v. City of DavenportSupreme Court of Iowa · 1898
  2. Hughes v. City of PortlandOregon Supreme Court · 1909
  3. Bass v. City of CasperWyoming Supreme Court · 1922
  4. Wingate v. AstoriaOregon Supreme Court · 1901
  5. Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914

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