[Download] "John Wright & Associates v. City Red Wing" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: John Wright & Associates v. City Red Wing
• Author : Supreme Court of Minnesota
• Release Date : January 28, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

This action was brought to permanently enjoin the defendants from operating a motion picture theater in the municipal auditorium in the city of Red Wing. Named with the city as defendants are its mayor and members of the city council and five members of "The T. B. Sheldon Auditorium Board." The plaintiff is a taxpayer and a competing motion picture operator in Red Wing. The appeal is from a judgment entered pursuant to an order granting summary judgment to the defendants and denying the same to the plaintiffs. The litigation grows out of the alleged illegal use of auditorium property which was a gift to the city by one Theodore B. Sheldon, who died testate in 1900. By the terms of his will Mr. Sheldon devised to his executors in trust the residue of his estate to be used by them in the "erection, establishment, support or maintenance of any such charitable or other public institution, for any such public use as said Trustees may in their discretion see fit to appropriate or apply the same * * *." The devise contained two limitations: (1) That the residue of his estate be used for the purpose of the trust within a period of 15 years after death, and (2) that it be used for " some public and beneficient but nonsectarian purpose in the said City of Red Wing." (Italics supplied.) Within 15 years after the death of Mr. Sheldon his trustees acquired certain property in the city of Red Wing; erected thereon an auditorium; and installed seats, fixtures, and other equipment. The structure consisted of a large auditorium on the main floor and contained rooms suitable for holding meetings for gatherings of small groups, which might be used while the auditorium was being occupied. Pursuant to the terms of the will, the trustees proposed to convey the auditorium to the city and the city agreed to accept, providing it could get authority from the state legislature to do so. By L. 1903, c. 22, approved March 3, 1903, the state legislature enacted a law enabling the city to accept the proffered gift and provided in 3 thereof:

Free Download "John Wright & Associates v. City Red Wing" PDF ePub Kindle