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CITY OF FARGO v. ANNEXATION REVIEW COMMISSION

No. 8084.

123 N.W.2d 281 (1963)

CITY OF FARGO, North Dakota, a Municipal Corporation, Plaintiff and Appellant, v. ANNEXATION REVIEW COMMISSION OF CASS COUNTY, North Dakota, et al., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied September 19, 1963.

Attorney(s) appearing for the Case

Conmy, Conmy & Feste, Fargo, for plaintiff and appellant.

Mart R. Vogel, Fargo, for Fred M. Hector, Margaret Hector Harrington, Dorothy Hector Rowland, Mary Hector Smith, and Caroline H. Dady, defendants and respondents.

C. J. Serkland, Fargo, for Laurence Yunker, Catherine Yunker and Fargo Township, defendants and respondents.

J. E. Hendrickson and Jacque Stockman, Fargo, for Reed Township, defendant and respondent.

Herman F. Wegner, Fargo, for Star-Lite Theatres, Inc., defendant and respondent.

STRUTZ, Judge.

The City of Fargo attempted to annex certain properties lying adjacent to and northwest of Fargo. The governing body of the city adopted a resolution including such territories within the city limits, and thereafter published the resolution, as required by statute. Various owners of property included in such attempted annexation appealed to the annexation review commission from the action of the City, as permitted under Section 40-51-10 of the North...

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