Page:North Dakota Reports (vol. 48).pdf/649

 may inquire into the acts of the council to ascertain whether they have acted according to law, but the court may not substitute its judgment for the judgment of the city council as to the wisdom or expediency of the improvement.

Judgment affirmed.

and, JJ., concur.

, C. J., concurs in the result.

, J., dissents.

THE STATE OF NORTH DAKOTA, upon the relation of O. B. Herigstad, State’s Attorney of Ward County, North Dakota, Respondent, v. WALTER McCRAY, MALINDA McCRAY, LILLIE DOE, True Name Unknown, and JOHN B. GROWE, Appellants.

Constitutional law—nuisance—statute authorizing injunction to abate bawdy- house nuisance held constitutional.

1. Section 9645 of the Compiled Laws of 1913, which provides for the granting of a temporary injunction at the commencement of an action to abate a bawdyhouse nuisance, is not unconstitutional as depriving a person of life, liberty or property, without due process of law.

Nuisance—human habitation not a nuisance per se.

2. A human habitation is not a nuisance per se and, to be a nuisance, it must have become inherently dangerous or subjected to some harmful or unlawful use.

Nuisance—property not a nuisance per se may not be destroyed summarily without notice.

3. Property which is not a nuisance per se may not be summarily and without notice or hearing, taken or destroyed in order to abate a