101 Minn. 298 | Minn. | 1907
Lead Opinion
Plaintiff and appellant sought to enjoin the defendant and respondent village from platting or in any manner disposing of certain premises and the defendant Hanson from making an excavation or erecting any buildings thereon. The court found the facts for the defendant and dismissed the action. This appeal was taken from an order of the •court denying a motion for a new trial.
The plaintiff owned a lot separated by a street or1 alley from the southerly limits of a tract of land which will be referred to as “lot 2.” Lot 2, a part of an old railroad right of way, had been deeded to the •defendant village “in consideration of the right of way across the streets, alleys, and public grounds in another part of the defendant’s village.” Plaintiff contends that a proper construction of the relevant statutory provisions either forbids the acquisition of the title by the
Any city or village may accept a grant or devise of real property situated within its limits, and of personal property for improving and equipping the same, and may maintain and administer such property for the benefit of its citizens, in accordance with the terms prescribed by the donor: Provided, that nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the council adopted by a two-thirds majority of its members, expressing such terms in full.
There had been a full and formal acceptance by resolution in this •case.
Order affirmed.
Concurrence Opinion
I concur in the conclusion, on the ground that the plaintiff did not suffer such special damage as entitled him to maintain the action.