State ex rel. Roerig v. City of Minneapolis
| Decision Date | 11 May 1917 |
| Docket Number | 20,290 - (85) |
| Citation | 162 N.W. 477,136 Minn. 479 |
| Parties | STATE EX REL. WILLIAM G. ROERIG v. CITY OF MINNEAPOLIS AND ANOTHER |
| Court | Minnesota Supreme Court |
Upon the relation of William G. Roerig the district court for Hennepin county granted its alternative writ of mandamus, directed to the city of Minneapolis and James G. Houghton, its building inspector, commanding him to issue to relator a building permit for the erection of a four family flat building on certain premises. From an order, Fish, J., sustaining plaintiff's demurrer to the amended and supplemental answer of defendants, defendants appealed. Affirmed.
Municipal ordinance -- building restrictions.
No distinction between rule governing store buildings and four family buildings in residence district. State v. Houghton, 134 Minn. 226, followed. [Reporter.]
C. D. Gould and R. S. Wiggin, for appellants.
Josiah E. Brill, for respondent.
Mandamus to compel the inspector of public buildings of the city of Minneapolis to issue to relator a permit for the erection of a four family flat building within a residential district of the city of Minneapolis. The respondents attempted to plead facts which would bring flat buildings within the police power, viz.: unhealthful congestion, added fire risk, and greater difficulty in police supervision. To the answer relator interposed a general demurrer. From an order sustaining the demurrer, respondents appealed.
This court recently held, in State v. Houghton, 134 Minn. 226, 158 N.W. 1017, that "prohibiting the owner from erecting a store building upon land within a residential district" is beyond the police power and therefore void. This court is of the opinion that there is no tenable distinction between buildings such as were under consideration in the case therein dealt with and an ordinary four family dwelling, and that the decision in that case is clearly applicable and controls in this case.
Order affirmed.
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Singling Out Single-Family Zoning
...to force suburban conditions on existing business districts in New or secured.”); State ex rel. Roerig v. City of Minneapolis, 162 N.W. 477, 477 (Minn. 1917) (“[T]here is no tenable distinction between buildings such as were under consideration in [ Lachtman ] and an ordinary four-family dw......