NEWMAN v. HJELLE

No. 8201.

133 N.W.2d 549 (1965)

Harold NEWMAN, for himself and other taxpayers of the State of North Dakota similarly situated, Plaintiff and Appellant, v. Walter HJELLE, Highway Commissioner of the State of North Dakota, and R. E. Bradley, Chief Engineer of the State Highway Department of the State of North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

March 4, 1965.


Attorney(s) appearing for the Case

Zuger, Zuger & Bucklin, Bismarck, for appellant.

Helgi Johanneson, Atty. Gen., and Vernon R. Pederson, Asst. Atty. Gen., Bismarck, for respondents.


TEIGEN, Judge.

This appeal is from a judgment dismissing plaintiff's complaint. The proceeding was on motion under Rule 12(b), North Dakota Rules of Civil Procedure.

The plaintiff by his complaint seeks to restrain and enjoin the defendants from using revenues from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes for the purchase or acquisition of advertising and sign control rights outside of the access...

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