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KALMBACH v. CITY OF MOBRIDGE

No. 10165.

132 N.W.2d 293 (1964)

M. KALMBACH, Plaintiff and Appellant, v. The CITY OF MOBRIDGE, South Dakota, a public corporation, Emil Weigum, as Mayor of said City, B. P. Welder, as City Auditor of said City, and Vera Clapsaddle, as Treasurer of said City, Defendants and Respondents.

Supreme Court of South Dakota.

December 31, 1964.

Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, for plaintiff and appellant.

Arend E. Lakeman, Mobridge, for defendants and respondents.

HOMEYER, Judge.

This is a taxpayer's suit in which plaintiff seeks to enjoin the City of Mobridge and its officers from completing a sale of some municipally owned real estate. The matter was submitted to the court below on a written stipulation of facts. Plaintiff appeals from an adverse judgment of dismissal.

The common council of defendant city on November 4, 1963, adopted a resolution declaring such real estate...

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