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STATE EX REL. VILLAGE OF BUHL v. BORGEN

No. 35,210.

231 Minn. 317 (1950)

STATE EX REL. VILLAGE OF BUHL v. WALTER H. BORGEN.

Supreme Court of Minnesota.

June 2, 1950.

Attorney(s) appearing for the Case

M.H. Greenberg, Edwin W. Lammi, and Fred A. Cina, for appellant (relator below).

Thomas J. Naylor, County Attorney, for respondent.

William K. Montague, of Gillette, Nye, Montague, Sullivan & Atmore, filed a brief as amicus curiae on behalf of the contention of respondent.

KNUTSON, JUSTICE.

This is an appeal from an order of the district court of St. Louis county quashing a writ of mandamus.

The facts are not in dispute. In its 1949 tax levy, the village of Buhl, in St. Louis county, attempted to levy a tax for municipal forest under M.S.A. 459.06 in excess of the per capita tax limitation provided by L. 1941, c. 543, § 1 (M.S.A. 275.11). The auditor of St. Louis county refused...

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