MINNEAPOLIS STREET RAILWAY CO. v. CITY OF MINNEAPOLIS

No. 34,935.

229 Minn. 502 (1949)

MINNEAPOLIS STREET RAILWAY COMPANY v. CITY OF MINNEAPOLIS AND OTHERS.,

Supreme Court of Minnesota.

December 16, 1949.


Attorney(s) appearing for the Case

John F. Bonner, City Attorney, and Palmer B. Rasmusson, Assistant City Attorney, for appellants.

Dorsey, Colman, Barker, Scott & Barber, Leland W. Scott, and Robert J. Johnson, for respondent.


MATSON, JUSTICE.

Defendants appeal from a judgment on the pleadings in an action under the declaratory judgments act wherein a 1946 Minneapolis ordinance — purporting to amend an earlier street railway franchise grant by increasing the annual license fee for each car from $25 to $100 — was held invalid and void.

Defendants are herein referred to collectively as the city and the plaintiff as the street railway. The following issues are raised...

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