Peterson v. City of Minneapolis

• Decision Date: 10 November 1927
• Docket Number: 26,383
• Parties: EUGENE G. PETERSON v. CITY OF MINNEAPOLIS AND ANOTHER
• Court: Minnesota Supreme Court

216 N.W. 228

172 Minn. 604

EUGENE G. PETERSON v. CITY OF MINNEAPOLIS AND ANOTHER

No. 26,383

Supreme Court of Minnesota

November 10, 1927

Plaintiff appealed from an order of the district court for Hennepin county, Nye, J., denying his motion for a temporary injunction. Affirmed.

SYLLABUS

Injunction denied.

An injunction should not be granted to owner of real estate where statute gives him right of appeal from confirmation by city council of award of commissioners in condemnation proceeding. [Reporter.]

Eminent Domain, 20 C.J. p. 1169 n. 70.

H. V. Mercer and Company, for appellant.

Neil M. Cronin, City Attorney, and Thos. B. Kilbride, Assistant City Attorney, for respondent city.

OPINION

PER CURIAM.

The plaintiff appeals from an order denying his motion for a temporary injunction restraining the defendant city from completing condemnation proceedings instituted pursuant to L. 1925, p. 676, c. 417, to acquire certain lands belonging to the plaintiff for the purpose of widening a city street.

The statute gives a right of appeal to the district court from the order of confirmation of the city council. We are unable to see that the plaintiff may not get appropriate relief upon appeal. If so an injunction should not be granted. Plaintiff's brief states that an appeal has been taken.

Order affirmed.