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HART v. BYE

No. 7572.

76 N.W.2d 139 (1956)

John B. HART, Plaintiff and Respondent, v. Clarence BYE, Arthur Lindbo, Walter Tastad, Bennie Haagenson, and Edward Jollie, as the Board of County Commissioners of Rolette County; and C. A. Berg, as County Auditor of said County, Defendants and Appellants.

Supreme Court of North Dakota.

March 12, 1956.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for defendants and appellants.

Duffy & Haugland, Devils Lake, for plaintiff and respondent.

MORRIS, Judge.

The plaintiff is a citizen and taxpayer of Rolette County and brings this action on his own behalf and on behalf of others similarly situated. The defendants are the county auditor and members of the board of county commissioners of Rolette County.

On June 1, 1948, the board of county commissioners, purporting to act pursuant to Chapter 125, SLND 1947—see Chapter 11-32, NDRC 1953 Supp.—adopted a resolution wherein it was recited...

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