Legal Opinion

City of Owatonna v. Chicago, Rock Island & Pacific Railroad

District Court, D. Minnesota

Decided March 20, 1970No. 1-69 Civ. 53PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION AND ORDER FOR JUDGMENT

NEVILLE, District Judge.

The mainline of the Chicago, Rock Island and Pacific Railroad runs through the City of Owatonna, Minnesota. For a distance of some 4,700 feet Mosher (formerly Balsam) Avenue parallels and is contiguous to the East side of its right-of-way. In 1967 the City commenced the necessary proceedings looking toward the improvement of Mosher Avenue to convert it from a gravel and dirt road to a paved street with a curb on the West or railroad side and sidewalk but no curb on the East, or residential side. Of the total cost which was…

2Cases cited21 opinions

  1. Village of Edina v. JosephSupreme Court of Minnesota · 1962
  2. State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
  3. In Re Assessment for Improving Superior StreetSupreme Court of Minnesota · 1927
  4. State ex rel. Minnesota Transfer Railway Co. v. District CourtSupreme Court of Minnesota · 1897
  5. In re the Assessment of Benefits, Costs & ExpensesSupreme Court of Minnesota · 1921

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3Cited by1 opinion

  1. City of Owatonna v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1971

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