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PARKER HOTEL COMPANY v. CITY OF GRAND FORKS

Civ. No. 8612.

177 N.W.2d 764 (1970)

PARKER HOTEL COMPANY, a corporation, et al., Plaintiffs and Appellants, v. CITY OF GRAND FORKS, a municipal corporation, et al., Defendants and Respondents, and Royce LaGrave, as Director of the Grand Forks Urban Renewal Agency, and Myron E. Denbrook, James L. Lamb, and Jason Grabau, as members of the Grand Forks Urban Renewal Agency Commission, Defendants.

Supreme Court of North Dakota.

Rehearing Denied June 12, 1970.

Attorney(s) appearing for the Case

Daniel S. Letnes and Robert A. Alphson, Grand Forks, for plaintiffs and appellants.

J. Gordon Caldis, Grand Forks, for defendants and respondents.

Robert Vaaler of Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, amicus curiae.

TEIGEN, Chief Justice.

This is an appeal from a judgment quashing and vacating a writ of certiorari.

The plaintiffs brought this certiorari proceeding in the district court, claiming that the City Council of the City of Grand Forks exceeded its jurisdiction when it created Street Improvement District No. 5, Project No. 1999. It was created for the purpose of defraying the city's share of the cost of construction of a proposed overhead railroad-highway separation...

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