The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1914-02-06
CITY EXTENSION
CASE IS DECIDED
Councils Annexation Reso-
luton Held Illegally
Passed.
LOWER TRIBUNALS
VERDICT SUSTAINED
Constitutional Question Not
Taken Up in Opinion
on the Case.

No ruling was made by the state
supreme court on the question of con-
s~titutionality of the law under which
the city of Grand Forks seeks to ex-
property of the Red River Valley
Brick company, iii the opinion hand
ed down by the court Thursday, which
holds that the resolution by which
tho city originally sought to annex
the territory in question was not legal.
The opinion aftirms the ruling of
Judge Tcmpleton as far as the illegal
ity of the resolution in question Is
concerned. The resolution being de-
clared illegal, the court saw no ne
cesSity to pass on h constitutionality
OF the law under which it VAS passed
at the present time.
This means that the property OF the
brick company is not annexed to the
city, and cannot be so annexed unless
the temporary enioining order issued
against the city by Judge Templeton
is dissolved by Judge Cooley:
Ii this is done. the case will again
be taken to the supreme court in or
der to test h constitutionality Of the
law according to G.. A. Bangs, attor-
ney for the brick company.
Case Began in 1911.
The ease first arose in 1911 when
the city council attempted to add
some 700 acres to the city, including
the property of the Red River Valley
Brick company. A protest against
this action was made by the company,
and also by Falconer township and
land in question was a part.
When the resolution was originally
drawn. a mistake vas made in the
description Of the land to be taken
in. This was not discovered until the
final reading Of the bill, which was
fh-., a~n>,nI~S o. "a A. ,1 ---Is
ton Of the case, and was passed in
that form with only a single reading.
The brick company. township and
school district Immediately instituted
proceedings before Judge Templeton
in the district court to prevent the
carrying out of the annexation order.
az, Resolution Illegal.
After hearing the ease the judge
ruled that h resolution by which
tlon had been passed in an illegal
manner, but thai the law under which
it had beer passed, permitting cities
to extend their boundaries was per-
fectly valid.
The city was enjoined from annex
resolution. j. B. Wineman. attorney
for the city. then appealed the case
to the supreme court.
Later the city council divided the
tract Of land WHICH 1t desired to an
mex into three parts and resolutions
annexfng two Of these tracts to the
city were passed by the council with
out opposition from the property
owners.
Judge Enjoins City.
The Red River Valley Brick com
pany, however, secured a restraining
order from Judge Templeton enjoin-
ing the city from passing any ordin-
nee extending the city limits to in
clude its property until the validity
of the law in the matter had been
further decided.
This decision the city is now ask
ing Judge Cooley to dissolve on the
ground that the court had no right
to entoin legislative action.
= The original cas- vas argued be-
fore the supreme court in December.
and the decision has Just been handed
down.
Charges Of contempt Of court were
nled against a number Of the city Of
flcia1s by the brick company as the
result of their attempts to assess taxes
against the property after Judge Tenn
pleton had enJoined its annexation.
These have also been argued before
the court, and an opinion is expected
in the course of few days.
As things stand at present no fur
fher action in the matter can be tax
en- by the city until Judge Cooley
rules with regard to the second in.
junction.
Supreme Court Syllabus.
The concluding portion Of the gu
preme courts opinion follows:
The city council of Grand Forks
passed a resolution, describing and
lnnexing certain territory to the city.