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VIESTENZ v. ARTHUR TOWNSHIP

No. 8117.

129 N.W.2d 33 (1964)

Charles VIESTENZ and Ingrid Viestenz, his wife, Plaintiffs and Appellants, v. ARTHUR TOWNSHIP, a Municipal Corporation of CASS COUNTY, North Dakota; Edward Schur, Erwin Schur and Vernon Smith as Township Supervisors of Arthur Township, Cass County, North Dakota, and Edward Schur, Clark Lincoln and Vernon Smith, individually, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied July 1, 1964.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for plaintiffs and appellants.

Lashkowitz & Lashkowitz, Fargo, for defendants and respondents.

ERICKSTAD, Judge.

This is an appeal from an order of the District Court of Cass County dated April 12, 1963, which denied an application on the part of Charles and Ingrid Viestenz for an order requiring the defendants to comply with the mandatory injunction heretofore entered in this case.

In 1950 the present petitioners as plaintiffs brought an action against the township and its supervisors, alleging that the township...

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