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ANDERSON v. CITY OF TWO HARBORS

No. 36,419.

244 Minn. 496 (1955)

ELMER E. ANDERSON AND OTHERS v. CITY OF TWO HARBORS AND OTHERS. COMMUNITY HEALTH CENTER, INC., AND ANOTHER, APPELLANTS.

Supreme Court of Minnesota.

May 13, 1955.

Attorney(s) appearing for the Case

Lee Loevinger and Larson, Loevinger, Lindquist, Freeman & Fraser, for appellants.

R.B. Reavill and Reavill, Jenswold, Neimeyer & Johnson, for plaintiffs-respondents.

M. Albert Henry, for defendants-respondents.

FRANK T. GALLAGHER, JUSTICE.

This is a taxpayers' suit for a declaratory judgment determining that a proposed ordinance adopted by the electors of Two Harbors at a special election on December 8, 1953, is invalid. The ordinance provided:

"AN ORDINANCE AUTHORIZING APPROPRIATIONS FROM THE CITY LIQUOR DISPENSARY PROFITS TO A COMMUNITY HOSPITAL.

"The City of Two Harbors, Minnesota, does ordain as follows:

"SECTION I

"That the sum of two...

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