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CITY OF JAMESTOWN v. MIEMIETZ

No. 7818.

95 N.W.2d 897 (1959)

CITY OF JAMESTOWN, a Municipal Corporation, Plaintiff and Respondent, v. Esther MIEMIETZ and Frank Miemietz, Defendants and Appellants.

Supreme Court of North Dakota.

April 6, 1959.

Attorney(s) appearing for the Case

George E. Duis, Fargo, for defendants and appellants.

Mackenzie & Jungroth, Jamestown, for plaintiff and respondent.

Aylmer, Butts & Moran, Jamestown, Kenneth M. Moran, Jamestown, amicus curiae.

TEIGEN, Judge.

The plaintiff, the City of Jamestown, seeks by civil action to abate a public nuisance and to compel the defendants to remove an obstruction from a public street in the city. It is alleged that the defendants had constructed a dwelling house that extends into 14th. Avenue S. E., a distance of approximately 34½ feet. That the plaintiff had made numerous demands upon the defendants to remove the obstruction and that the location of the defendants...

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