Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1905-03-24
TIE LOWER TOWN WINS
Judge Baxter Decides Pierz
Village Trustees in
Wrong

Judge Baxter on Monday decided in
favor of the plaintiffs in the case
against the Village of Pierz, in which
was involved the sale of the village
hall at Pierz and its removal to the
upper part of the village from lower
town. A year ago the village govern
ment passed into the hands of the
upper town men. Recently the village
hall was sold. and it is claimed the
intention was to move 1t and then
buy 1t back. Several lower town bust
ness men asked for. an Injunction, and
the case came into the district court
at the last term. The decision sus-
tains the contentious of the lower
town people. At the election last week
the lower town people and par- of the
north town combined and defeated
the officers whose action preoipitated
the litigation. Lindbergh & Blanchard
represented the village officers, and
j. N: True the plaintiffs. Following
is the decision.
The judge find az facts:
1. That except az hereinafter stated
all of the allegations and statements
contained In the complaint herein are
true in all respects as in said COM
plant set forth.
2. That the land upon which the
village hall In controversy stands ae
decided TO said village by good and
sufficient deed of conveyance for a
valuable consideration as alleged in
the answer in this action.
8. That a petition. as alleged In
said answer, and of the character
therein alleged, was presented to the
village council of said defendant viii.
ago az In said answer set forth.
4. That except as hereinbetore set
forth none of the allegations contained
in the pleading In this action are sus!
tanned by the evidence.
As conclusions of law he finds:
1. That the plaintiffs are entitled
to the relief by them demanded in
said complaint
2. That the plaintiffs are entitled
to recover of the defendants thei1
costs and disbursements herein. in
Guiding ten dollars attorneys fees.
And judgment is hereby ordered &C
cordingly.
By the Court.
L. L. Baxter,
District Judge
Note-The complaint in this actor
is quite lengthy, but the allegation
of facts are not numerous, and are
In my opinion, fully sustained by th'
evidence, except In some unim Dol tan
particulars
| 1t is not necessary at this time t.
determine whether the village coun
Gil Of the village Of Piers posses tn
power to dispose Of the city halls pro
perry belonging to said village with
out the approval Of a majority Of tn
legal voters thereof; and have
therefore, not considered that cues
tlon.
My decision in favor of tho plaintiff
is based solely upon the ground tha
t6e steps taken and acts done by tn
officers of said village and those act
ing with them in the attempt to dis
pose of or move said village hall wer
unwarranted and Illegal; even If IN
der the statutes of this state q vlllag
council can, without the approval o
the taxpayers and voters of the will
age 1t represents, dispose of the rea
property belonging to such villaq
particularly when, as In this case
the real estate consists of publi
building erected and used bY sucl
village for its public and oficia
business.
Proceedings on the part of the plain
tif are hereby stayed for period o
twenty DAYS from and after notice {,
the defendants of the fling of tn,
foregoing order. and the defendant
are allowed that time to serve case.
! L. L. Baxter,
District Judg'
Dated March goth. 19Oh.