28 N.W.2d 744 | Minn. | 1947
Lead Opinion
1. Because petitioner is a town taxpayer and the town assessor under § 7(d) assesses city property, for which function he is paid by town funds, the petitioner as a taxpayer is affected and prejudiced by the enforcement of the provisions of § 7(d) if invalid. So is he affected by the expenditure of town funds for the expense of including the city within the election district. He is prejudiced by the wrongful diversion of public funds. Nerlien v. Village of Brooten,
2. The liberal construction of M.S.A. c. 555, required by §
3. It was rightly conceded on the argument that if prior to its organization as a city the village had been severed from the town as an election and assessment district it could not, by provisions in the home rule charter, have constituted the town and city a single election and assessment district. The city rests its case solely upon the fact that prior to its organization as a city the village and town constituted a single election and assessment district and that upon the adoption of a home rule city charter it might continue thestatus quo in that regard by § 7(d), there being no specific negation of that right in § 36. *506
When the citizens of the village elected to become a city under § 36, they did so under the provision of that section that their charter should "supersede any existing charter and amendments thereof." The adoption of the charter wiped out, as to the city, all previous provisions of law which constituted the village charter. The city could only exercise the powers conferred upon it by § 36. In the process of emerging from its status as a village and becoming a city, it stripped itself of its powers as a village and assumed only those which as a city it might assume within the scope of § 36. As a city, the former village must look to § 36 for the boundaries within which it may exercise those powers. As a city, it had no express grant of extraterritorial power to extend its election or assessment district beyond its boundaries, which boundaries it had no power to change. In City of Duluth v. Orr,
"An express grant by the legislature to a municipality of extra-territorial dominion rests on a very different basis. The right given to the people within prescribed territorial limits to adopt a complete municipal code does not warrant the assumption by them of power over territory and people beyond those limits, even though the control of such territory and people would be convenient and gratifying to the people within the city. The practical difficulties involved in the assumption by cities of such power are apparent. Innumerable conflicts in authority would inevitably follow. Such a result is not reasonably within the purview of the constitutional amendment. The ordinance, with the violation of which the defendant was charged, is, as to territory beyond the city limits, invalid."
The attempt by § 7(d) to continue participation in town affairs, both as to elections and assessments, was beyond the powers conferred upon cities by § 36 and the legislation which it authorizes, because all municipal functions conferred by § 36 must be exercised within the city boundaries except as otherwise conferred by general legislation. City of Duluth v. Orr, supra. The legislation permitted to citizens by the adoption of a home rule charter must fall entirely within the scope of § 36. Beyond that the charter may not *507
legislate. The fact that there is no specific prohibition of participation in town affairs is of no consequence. There is no authority for such participation, and that is determinative. The city is given no authority by § 36 to legislate as to matters outside the municipality in the guise of "municipal concern." Oehler v. City of St. Paul,
We therefore declare § 7 (d) of the charter of the city of Biwabik invalid and of no effect.
Judgment reversed.
Dissenting Opinion
I dissent. *508