RYBNICEK v. CITY OF MANDAN

No. 7764.

93 N.W.2d 650 (1958)

Hynek RYBNICEK, Phil A. Hertz, Ella L. Kruger, Mike Fllnk, Etola Young, Olga Toman, Service Motor Sales Company, a North Dakota Corporation, J. A. Froellch, F. W. Haider, Plaintiffs and Appellants, v. CITY OF MANDAN, a Municipal Corporation, Arnold T. Llvdahl, as City Auditor of the City of Mandan, and Albert E. Lubke, as City Treasurer of the City of Mandan, Defendants and Respondents.

Supreme Court of North Dakota.

Former Opinion Adhered to On Rehearing December 31, 1958.


Attorney(s) appearing for the Case

Lord, Ulmer, Bair & Daner, Mandan, for appellants.

Richard P. Gallagher, Mandan, C. F. Kelsch, Mandan, for respondents.


SATHRE, Judge.

The plaintiffs, residents and property owners of the City of Mandan, North Dakota, brought this action against the City of Mandan, Arnold T. Livdahl, City Auditor, Albert E. Lubke, City Treasurer, to permanently enjoin the board of commissioners of the City of Mandan from levying and collecting special assessments for certain improvements in Paving Curb and Gutter District No. 29 in the City of Mandan; and to permanently enjoin the installation, construction...

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