Red River Valley Brick Corp. v. City of Grand Forks
North Dakota Supreme Court
Appeal from the District Court of Grand Forks County, Kneesliaw, J udge. Under the act in question the city stands in no representative capacity toward the owners or residents of the annexed tract of land; the rights of such owners and residents are not consulted, and they have no voice in the proceedings to annex their territory to the city. The act is invalid. People ex rel. Shumway v. Bennett, 29 Mich. 451, 18 Am.
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Appeal from the District Court of Grand Forks County, Kneesliaw, J udge. Under the act in question the city stands in no representative capacity toward the owners or residents of the annexed tract of land; the rights of such owners and residents are not consulted, and they have no voice in the proceedings to annex their territory to the city. The act is invalid. People ex rel. Shumway v. Bennett, 29 Mich. 451, 18 Am. Rep. 107; Morton v. Holes, 17 N. D. 158, 115 N. W. 256; People ex rel. Atty. Gen. v. Holihan, 29 Mich. 116; State ex rel. Bolt v. Riordan, 73 Mich. 508, 41 N. W. 482; State ex…
1Opinion of the CourtBurke, J.
During the year 1911 the city of Grand Forks, acting-through its city council and under the provisions of article 20, Political Code, Bev. Codes 1905, attempted to annex certain territory contiguous to said city, which territory included about ten acres of land belonging to this plaintiff. On the 11th of March, 1912, an action was instituted to determine the validity of the proceedings, and upon the trial below it was determined that all of said proceedings were void, and the defendant city and its officers were perpetually enjoined from proceeding with the said annexation. This injunction…
2Cases cited6 opinions
- State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1909
- Vilter Manufacturing Co. v. HumphreyWisconsin Supreme Court · 1907
- Red River Valley Brick Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Enoch Morgan's Sons Co. v. GibsonCourt of Appeals for the Eighth Circuit · 1903
- Merchant v. PielkeNorth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bergstrom v. BergstromNorth Dakota Supreme Court · 1982
- R. E. Harrington, Inc. v. FrickMissouri Court of Appeals · 1969
- Schmidt v. ThompsonNorth Dakota Supreme Court · 1984
- Mitrus v. NicholsNew York Supreme Court · 1939
- Calvert Potter v. DCCourt of Appeals for the D.C. Circuit · 2025
5 more not listed; retrieve them via the Exa API.