County of Morton v. Forester
North Dakota Supreme Court
Appeal from the District Court of Morton County, Nuessle, Special Judge. From an order sustaining a demurrer to the answer, defendant appeals. A board of supervisors of an organized township has full control over the highways in such township, and may lay out, alter, or vacate highways within the limits of such township, upon proper petition.
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Appeal from the District Court of Morton County, Nuessle, Special Judge. From an order sustaining a demurrer to the answer, defendant appeals. A board of supervisors of an organized township has full control over the highways in such township, and may lay out, alter, or vacate highways within the limits of such township, upon proper petition. In the absence of constitutional restriction, such board has exclusive jurisdiction with the boundaries of the township; and the mere fact that the highway sought to be vacated connects with a highway in an adjoining township does not devest the board of…
1Opinion of the CourtChristianson, J.
This is an action to enjoin the maintenance of an obstruction to a public highway. The appeal is from an order sustaining a demurrer to the answer. The highway involved runs from Mandan in a southwesterly direction through the county of Morton. The highway runs across both organized and unorganized townships in Morton county. The premises involved in this action are situated in Fair Valley township, which is an organized civil township. Immediately east of Fair Valley township the highway runs across certain unorganized territory, and immediately south of said Fair Valley township it enters…
2Cases cited7 opinions
- Keen v. Board of Sup'rsSouth Dakota Supreme Court · 1896
- Miller v. Township of OakwoodNorth Dakota Supreme Court · 1900
- Lamansky v. WilliamsSupreme Court of Iowa · 1904
- Williams v. Turner Tp.South Dakota Supreme Court · 1901
- In re Burdick, New York County Courts1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hulett v. SnookNorth Dakota Supreme Court · 1928
- Mercer County v. SailerNorth Dakota Supreme Court · 1921