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State ex rel. Roerig v. City of Minneapolis

STATE EX REL. WILLIAM G. ROERIG v. CITY OF MINNEAPOLIS AND ANOTHER

State ex rel. Roerig v. City of Minneapolis, 162 N.W. 477 (Minn. 1917)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
May 11, 1917
Docket
No. 20,290—(85)
Citations
162 N.W. 477136 Minn. 4791917 Minn. LEXIS 615
Disposition
Affirmed.
Headnotes
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.]
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

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 *480 the police power, viz.: unhealthful congestion, added ñre rish, 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 bulidings 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 31920: 11924: 11925: 11926: 219192026peak 1919 · 3

Relies on it most ⓘ

  1. State ex rel. Beery v. Houghton204 N.W. 569 (Minn. 1925)
  2. State ex rel. Twin City Building & Investment Co. v. Houghton174 N.W. 885 (Minn. 1919)
  3. Roerig v. Houghton175 N.W. 542 (Minn. 1919)
  4. State ex rel. Banner Grain Co. v. Houghton170 N.W. 853 (Minn. 1919)
  5. Vorlander v. Hokenson175 N.W. 995 (Minn. 1920)
  6. Village of Euclid v. Ambler Realty Co.272 U.S. 365 (1926)

Most recent

  1. Village of Euclid v. Ambler Realty Co.272 U.S. 365 (1926)
  2. Junge's Appeal. (No. 2.)89 Pa. Super. 548 (1926)
  3. State ex rel. Beery v. Houghton204 N.W. 569 (Minn. 1925)
  4. Kahn Bros. v. City of Youngstown25 Ohio N.P. (n.s.) 30 (Oh. Ct. Com. Pl., Mahoning 1924)
  5. Vorlander v. Hokenson175 N.W. 995 (Minn. 1920)
  6. Roerig v. Houghton175 N.W. 542 (Minn. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State ex rel. Lachtman v. Houghton, 158 N.W. 1017 (Minn. 1916) 35

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