BUCK v. CITY OF WINONA

No. 39724.

135 N.W.2d 190 (1965)

Carpenter S. BUCK et al., Appellants, v. CITY OF WINONA et al., Respondents, A. Perry Philips et al., Intervenors, Respondents.

Supreme Court of Minnesota.

May 7, 1965.


Attorney(s) appearing for the Case

Leonard, Street & Deinard and George Reilly, Minneapolis, Hale, Skemp, Hanson, Schnurrer & Skemp, La Crosse, Wis., for appellants.

George M. Robertson, Jr., City Atty., R. P. Brosnahan, Sp. Asst. City Atty., Winona, for respondents City of Winona and others.

Streater & Murphy, Winona, for intervenors-respondents.


ROGOSHESKE, Justice.

Plaintiffs, as taxpayers, appeal from judgments refusing to enjoin defendants from performing an agreement to sell and convey the city of Winona's interest in a portion of its public park property to intervenors for the purpose of constructing and operating a motel and filling station.

As the case comes to us, the determinative question presented is a question of law based upon only a part of the unchallenged findings of the trial court...

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