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SCHONBERG v. CITY OF FARGO PLANNING COMMISSION

No. 7955.

110 N.W.2d 830 (1961)

E. J. SCHONBERG and Faustina Schonberg, Plaintiffs and Respondents, v. CITY OF FARGO PLANNING COMMISSION, and John Whittlesey, President, John Alsop, Melvin Berg, Harold Orvedahl, and Mrs. Dave Roberts, Members of said Commission, Defendants and Appellants.

Supreme Court of North Dakota.

September 15, 1961.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for plaintiffs-respondents.

Conmy, Conmy & Feste, Fargo, for defendants-appellants.

MORRIS, Judge.

This is an appeal from a judgment of the district court directing the issuance of a peremptory writ of mandamus commanding the City of Fargo Planning Commission to issue a certificate approving a plat of Schonberg's Addition to the City of Fargo. The plaintiffs' application for a writ is supported by the affidavit of their attorney which states that the plaintiffs, through their agent, submitted to the Board of City Commissioners of the City of Fargo...

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