135 Minn. 243 | Minn. | 1916
This is an appeal by plaintiff from a judgment on the pleadings. The action was brought to recover the amount of an award made in condemnation proceedings instituted by the city of Minneapolis. There is but little conflict in the allegations of fact. The facts presented are in substance as follows:
Plaintiff owns part of Hall Island, in the Mississippi river. He also owns lots on the main land opposite. In 1905 the city took possession of the island 'for use in connection with its public baths. In February, 1915, the city .commenced proceedings under chapter 10 of its charter to condemn the island and also plaintiff’s property on the main land opposite, and upon the institution of that proceeding it took possession of the main land and made some improvements thereon. Commissioners were appointed and an award in the lump sum of $19,405.10 was made for taking plaintiff’s part of the island and his property on the main land. After the award was reported to the city council, that body passed a resolution to abandon the proceedings, and thereupon discontinued the use and possession of the main land, but continued its use and occupation of the island as before. This action is brought to recover the amount of the award, and is predicated on the claim that the’ abandonment 'was without authority in law and of no effect.
Judgment affirmed.