MURPHY v. CITY OF BISMARCK

No. 7941.

109 N.W.2d 635 (1961)

Wm. J. MURPHY, John B. Rhud, Laura M. Hughes, P. R. Webb, C. P. Nelson, George L. Baska, Maude Grambs, G. W. Grambs, Alice Owens, and H. M. Beall, on behalf of themselves and all other taxpayers similarly situated, Plaintiffs and Appellants, v. CITY OF BISMARCK, a municipal corporation, Tom Baker, as City Auditor of the City of Bismarck, Katie Peterson, as Treasurer of the City of Bismarck, and Evan E. Lips, as President of the City Commission of the said City of Bismarck, Defendants and Respondents.

Supreme Court of North Dakota.

May 29, 1961.


Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiffs and appellants.

John A. Zuger, City Atty., Bismarck, for defendants and respondents.


A. J. GRONNA, District Judge.

This is an appeal by the plaintiffs, abutting property owners, from the judgment in favor of the City of Bismarck in a civil action in the district court of Burleigh County, the Honorable H. E. Rittgers, District Judge, presiding. Plaintiffs demand a trial de novo. Such judgment determines and adjudges:

(1) That Street Improvement District No. 60 was legally and properly created in March 1960 by Ordinance No. 1358, enacted by...

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