61 Minn. 146 | Minn. | 1895
This proceeding is to be determined by an application of the principles laid down in State v. Minnetonka, 57 Minn. 526, 59 N. W. 972, to the undisputed facts. From the maps made a part of the information and the answer, we learn that the territory included within the village in question is all of a fractional congressional township, except two sections in the southeast corner,
On two full sections of land there are no structures, while on the balance, about 14 sections, except as hereinafter stated, the number of buildings range from 3 to 12. These buildings are houses, bams, and “milk dairies.” Exactly what buildings are included within this term does not appear, but within the incorporation there are 17 of these dairies. Two parallel lines of railway traverse the village northerly and southerly, each road having a station in section 15; and the only aggregation of buildings which indicates an approach to a “village,” in the usual and ordinary meaning of that word, is to be found in the vicinity of'these stations. Within half or three-quarters of a mile thereof we find 5 or 6 dwellings and barns, a church, schoolhouse, store, gristmill, soda manufactory, pump factory, and 12 or 14 structures used for various purposes not specifically named. At least 60 per cent, of the inhabitants of the municipality reside outside of this particular assemblage of buildings.
In the case heretofore referred to it was said that the law authorizing the incorporation of villages contemplates, as a fundamental condition to such incorporation, a compact center or nucleus of population on platted lands, and that the term “lands adjacent thereto” means only those lands lying so near and in such close proximity to the platted portion as to be suburban in their character, and to have some unity of interest with the platted portion in the maintenance of a village government. We,are noc prepared to say that about the railway stations and on platted lands there is not a compact center or nucleus of population which could
Under the rules for determining the question enunciated heretofore, it is clear that a writ of ouster should issue. It is so ordered.