University of Minnesota v. St. Paul & Northern Pacific Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to restrain the defendant from constructing a railway across lots 4, 5, 6, and 7, in block 13, in St. Anthony city, (now included in East Minneapolis,) or from further prosecuting proceedings, in which commissioners had already been appointed, to condemn a right of way across the same.
Read the full summary
Plaintiff brought this action in the district court for Hennepin county, to restrain the defendant from constructing a railway across lots 4, 5, 6, and 7, in block 13, in St. Anthony city, (now included in East Minneapolis,) or from further prosecuting proceedings, in which commissioners had already been appointed, to condemn a right of way across the same. The complaint alleges that plaintiff is the owner of these lots as well as of lot 8 in the same block, and is also the owner of an adjacent tract of 40 acres, known as the university grounds or campus, upon which the university buildings…
1Opinion of the CourtVanderburgh, J.
The only substantial grounds upon which a-, claim for the relief sought can be based are (1) that the lots in ques-. tion had, prior to the condemnation proceedings, been appropriated in behalf of the state for the use of the university; and (2) that the. construction of the particular line of railroad in question, for which these lots are so taken, would prove so injurious to the university, whose buildings are located on lands in the vicinity, as to warrant the court in restraining the construction and operation of the road over the proposed line.
These questions were to be determined by the…
2Cited by4 opinions
- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- Independent School District v. StateSupreme Court of Minnesota · 1914
- State v. ChristopherSupreme Court of Minnesota · 1969
- Matter of City of ShakopeeSupreme Court of Minnesota · 1980