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Vorbeck v. City of Glencoe

206 Minn. 180 (Minn. 1939)
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Vorbeck v. City of Glencoe

4 Citing cases

  1. Chun King Sales, Inc. v. County of St. Louis

    256 Minn. 375 (Minn. 1959)   Cited 9 times
    In Chun King Sales, Inc. v. County of St. Louis, 256 Minn. 375, 98 N.W.2d 194 (1959), the Court found the purchase by the State of a building and equipment to lease to a private company served the public purpose of alleviating unemployment in St. Louis County.

    26 Minn. 1, 49 N.W. 259; Id. 28 Minn. 175, 9 N.W. 725; 42 Am. Jur., Public Administrative Law, ยง 27; 81 C.J.S., States, ยง 123; Vorbeck v. City of Glencoe, 206 Minn. 180, 288 N.W. 4. Chun King recognizes that the 1955 legislature amended ยง 16.02(13) (L. 1955, c. 323) by validating all leases made by I.R.R.R.C. for a period of more than 2 years.

  2. Holen v. M.A.C

    250 Minn. 130 (Minn. 1957)   Cited 56 times
    Stating that appellate courts must dispose of case in accordance with amendatory statutes clearly intended to be retroactive and applicable to pending litigation not involving a vested right

    State ex rel. Hunt v. City of Montevideo, 142 Minn. 157, 171 N.W. 314; Joslin Co. v. Providence, 262 U.S. 668, 43 S.Ct. 684, 67 L. ed. 1167; Rindge Co. v. Los Angeles, 262 U.S. 700, 43 S.Ct. 689, 67 L. ed. 1186. Vorbeck v. City of Glencoe, 206 Minn. 180, 288 N.W. 4. Plaintiffs contend, however, that ยง 360.124, subd. 1, as amended by c. 275, gives the taxpayer a retroactive right to be heard on the question of what effect the annexation of additional lands will have on the residents in that area and that a new determination factor has been introduced which makes it necessary for the commission as a matter of due process to open the prior hearings.

  3. Thomas v. Hous. Redev. Auth., Duluth

    234 Minn. 221 (Minn. 1951)   Cited 23 times

    It is not intended that the title should be an index of the law; a fair suggestion of the subject matter is all that is necessary. City of Duluth v. Cerveny, 218 Minn. 511, 16 N.W.2d 779; State ex rel. Pearson v. Probate Court, 205 Minn. 545, 287 N.W. 297; Vorbeck v. City of Glencoe, 206 Minn. 180, 288 N.W. 4. With respect to this phase of the matter, the trial court stated in its memorandum:

  4. Peck v. Tugwell

    5 So. 2d 524 (La. 1941)   Cited 6 times
    In Peck, the lawsuit attacked the constitutionality of 1940 Acts 141, which diverted a portion of gasoline tax proceeds to the General Highway Fund. Because of the questionable constitutionality of the act, the legislature in the same session had proposed a constitutional amendment containing a clause stating that any legislation adopted during the 1940 regular session, based on the proposed amendment, would be validated and ratified by the adoption of the amendment.

    In support of the authority to make amendments of the Constitution retroactive in their effect, see Robinson v. Askew, decided by the Supreme Court of South Carolina, 129 S.C. 188, 123 S.E. 822. See also Vorbeck v. City of Glencoe, by the Supreme Court of Minnesota, 206 Minn. 180, 288 N.W. 4; McKenzie v. Mukilteo Water District, by the Supreme Court of Washington, 4 Wn.2d 103, 102 P.2d 251; and, particularly, Boyd v. Olcott, Governor, 102 Or. 327, 202 P. 431 loc. cit. 448, where the Supreme Court of Oregon said that "all acts coming within the class designated by the [constitutional] amendment were confirmed." The attorneys for the plaintiffs cite Cooley's Constitutional Limitations, 8th Ed., Vol. 1, and quote from the chapter on The Construction, of State Constitutions Chap. IV, the pronouncement that a Constitution should have effect only prospectively "unless the words employed show a clear intention that it should have a retrospective effect".