40 Minn. 483 | Minn. | 1889
This is a proceeding by mandamus to compel payment to the relator of damages which had been awarded to him in proceedings instituted by the city of Minneapolis to condemn the lands of the relator and of other persons for the purposes of a public street. The award of commissioners thus sought to be recovered had been confirmed by the district court, and the only ground upon which the resistance of the respondent in this mandamus proceeding rests
We are unable to sustain the position of the relator, upon which the court below placed its determination in his favor, that is, that the resolution instituting anew condemnation proceedings qualified the effect of the former resolution of abandonment. These resolutions were separate, and obviously were directed to the accomplishment of different results. The one must be regarded as having been adopted for the purpose of effecting an unqualified abandonment of the former proceedings, pursuant to the power expressly granted by the charter; the other must be regarded as an.attempt to institute anew proceedings for the purpose of laying out the street, including the appropriation of lands, as though no such proceedings had ever been had. It being in effect conceded that the council had power to so abandon, and that the former resolution, unaffected by the latter, would have been legally effectual as an abandonment, that effect must, we think, be given to it. Whether the city council, after thus
Gilfillan, C. J., took no part in this decision.