SCHATZ v. CITY COUNCIL OF CITY OF NEW ENGLAND

No. 7350.

61 N.W.2d 423 (1953)

SCHATZ et al. v. CITY COUNCIL OF CITY OF NEW ENGLAND et al.

Supreme Court of North Dakota.

December 4, 1953.


Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, for appellants.

Cox, Cox, Pearce & Engebretson and Johnson & Rausch, Bismarck, for respondent Montana-Dakota Utilities.

No appearance for City of New England et al.


BURKE, Judge.

This is a taxpayers' suit in which the plaintiffs sought to enjoin the City of New England from selling its electric utility property to the Montana-Dakota Utilities Company. The proposal to purchase the property was filed by the Montana-Dakota Utilities Company with the city on June 4, 1951. On August 6, 1951 the city council, by its Resolution No. 108, resolved to submit the proposal to the qualified electors of the city at a special election to be...

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