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PARK DISTRICT CITY OF FARGO v. CITY OF FARGO

No. 8021.

129 N.W.2d 828 (1964)

PARK DISTRICT CITY OF FARGO, Plaintiff and Appellant, v. CITY OF FARGO, a municipal corporation, and Oak Grove Lutheran High School, a corporation, Defendants and Respondents.

Supreme Court of North Dakota.

August 3, 1964.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for appellant.

Conmy, Conmy & Feste, Fargo, for respondent, City of Fargo.

Nilles, Oehlert & Nilles, Fargo, for respondent, Oak Grove Lutheran High School.

BURKE, Judge.

In the fall of 1959, the defendant, Oak Grove Lutheran High School, petitioned the City of Fargo to close a portion of North Terrace, a public street. The portion of the street to which the petition related, was that portion which crossed and divided the grounds upon which the school operated by this defendant was located. The City of Fargo published notice of hearing upon the petition setting the date thereof on December 29, 1959. This hearing was first...

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