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CITY OF CARRINGTON v. FOSTER COUNTY

Nos. 8524-8526.

166 N.W.2d 377 (1969)

The CITY OF CARRINGTON, a municipal corporation, Petitioner and Appellant, v. FOSTER COUNTY, North Dakota, a municipal corporation; and Carrington Township, North Dakota, a municipal corporation; and any qualified voter or freeholder in the territory proposed to be annexed or any adjoining municipal corporation, Respondents (three cases).

Supreme Court of North Dakota.

March 6, 1969.

Attorney(s) appearing for the Case

Fabian E. Noack, Carrington, for appellant.

Mattson, Williams & Hovey, New Rockford, for respondent.

Solberg, Anderson & Stewart, Fargo, for City of Fargo, as amicus curiae.

Zuger, Bucklin, Kelsch & Zuger, Bismarck, for North Dakota League of Cities, as amicus curiae.

ERICKSTAD, Judge (on reassignment).

House Bill 722, introduced in the 1967 session of the state legislature, provided for the annexation and exclusion of unincorporated areas by municipal corporations and repealed N.D.C.C. ch. 40-51. On its passage it was designated ch. 338 of the 1967 session laws and was placed in the code as N.D.C.C. ch. 40-51.1.

Acting pursuant to the provisions of § 40-51.1-06 the City of Carrington adopted separate resolutions to...

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