12-10-1979 Planning Packet - Laserfiche WebLink

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¥ Igg llllUL 16 NORTH WESTERN REPORTER, 2d SERIES precedent hy permittinf a fingk inroad, however imill, upon the public's sharo of the shore line, other inroads will inevitably follow, until the aggregate becomes a red threat to the public's free acceu to the lake. To avoid any possibility of such a re sult, the courts should with equal .vigor re pulse the first, the second, and every other assault upon the public domain. If eternal vigilance is the price of pre serving the full benefit of Minnmota's lakes for all members of the public—as it is of liberty—public officials must gladly pay that price. They must not stand by, wholly unconcerned, like Nero, who fiddled while Rome burned, and permit public access to our lakes to be cut off or reduced for sel fish private purposes. Yet here town supervisors appear to have been entirely ob livious to the full import of the petition, of the filing of which they received notice. Not only did they fail to protest, but they actually gave aid and comfort to the pe titioners in their raid upon the public's con servation chest be supported by clear proof that the street has in fact become "useless" to the public in the full and unrestricted meaning of that term. Reversed. • jin— la ra LIPSCOMB, Na. 337S9. Supreme Cooit of Mlnoeiota. June 2, 1044. 1. Attaraay aad ellaat ^39 Conviction of a felony cr a misde meanor involving moral turpitude results in disbarment as a matter of course, even though sentence is suspended. Minn.St 1941,1481.15, subd.l(l). The obvious purpose of providing notice to the town supervisors of proceedings to vacate a street or highway is to put these officers on guard, so that the ifiteresu nf the miblic imy be The supervisor^o^iixcelsior township havingWpervisdrs oi nxceisior township having failed in their duty in this respect and having permitted a default to be entered, it is at least understandable why the petition was originally granted by the lower court But when the court's decree vacating the street was promptly atudeed by appellants upon their receiving notice of the proceed ing, the trial court should have been alert to the public interest and, unhesitatingly, should have reopened it; and this, not- withsunding that appe^nts' motion to re open was motivated principally by the an ticipated damage to their own property. Not to reopen the proceeding in the public interest was a clear abuse of discretion, and the order denying appeUanu* motion must be reversed. 2. Afleraty and clltal ^39 The record of conviction of a felony or a misdemeanor involving moral turpi tude is conclusive in disbarment proceed ing and cannot be questioned by proof aliunde. Minn.SLl941, | 481.15, subd* 1(1). I. Attaraey aai cllsat C»54 That money which client owed attor ney. but refus^ to pay would have been more than enough to take care of another client's claim did not constitute tu^ »• tenuating circumstances as wo^ justify a reference of proceeding to disbar attor ney for embesalement of second client's money. Minn.SLl941, | 4B1.1S, subd. 1(1). Proceeding on order to show cause why Allen H. Lipsamb should not be dis barred. If in view of the importance we have attached to the preservation of our lakes and full access thereto for the public and for posterity, respondents still desire to urge that portion of Lake Street be tween their property and St Albans Bay has become "useless for (he purpose for which it was laid out," they will be ac corded that privilege. We may not have all the facts. But respondents should un derstand that any decree of vacation must Respondent disbarred. Philip Neville, Sec'y, State Board of Law Examiners, of Minneapolis, for peti tioner. Henry G. Young, of Minneapolis, foi respondent PER^CURIAM. ' On October 27, 1943, respond^!, an at torney at law didy licensed to practice in our sute, pleaded guilty to an tnfonna- »• • t: 1’. • f I • • I • i I lion charging $522 belonging tenced to the f a term of not order of the di sentence was s on probation f Respondent * disbarred heca* tence was suf Icged cxtoiaai swer admits th money with f priation of al only explanati this happened ing from anotl him, and that, er money, it * enough to tal claim.