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FOSS METHODIST CHURCH v. CITY OF WAHPETON

No. 8465.

157 N.W.2d 347 (1968)

FOSS METHODIST CHURCH, a non-profit corporation, Plaintiff and Appellant, v. CITY OF WAHPETON, North Dakota, a municipal corporation, and Dean K. Bassett, as Auditor of the City of Wahpeton, Defendants and Respondents.

Supreme Court of North Dakota.

February 29, 1968.

Attorney(s) appearing for the Case

Lewis & Bullis, Wahpeton, for plaintiff and appellant.

Johnson, Milloy & Eckert, Wahpeton, for the defendants and respondents.

ERICKSTAD, Judge (on reassignment).

By summons and complaint dated September 26, 1966, Foss Methodist Church brought an action against the City of Wahpeton and its auditor, seeking to have certain special assessments levied against its property set aside as being invalid or to have them reduced to the amount of the benefits derived by the church as determined by the court. It further asked the court to enjoin the City and its auditor from levying and collecting the...

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