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CITY OF FARGO v. FAHRLANDER

Civ. No. 8809.

199 N.W.2d 30 (1972)

CITY OF FARGO, North Dakota, a municipal corporation, Petitioner, Respondent and Cross-Appellant, v. Frank R. FAHRLANDER, Appellant and Cross-Respondent.

Supreme Court of North Dakota.

June 16, 1972.

Attorney(s) appearing for the Case

Conmy, Feste, DeMars & Bossart, Fargo, for appellant.

Solberg & Stewart, Fargo, for petitioner and respondent.

PAULSON, Judge.

The City of Fargo brought this mandamus action to compel the respondent, Frank R. Fahrlander, to perform his duties as City Auditor and Director of Finance for the City of Fargo. Acting pursuant to advice of legal counsel, Mr. Fahrlander has refused to take the action necessary for the City to proceed with the "Broadway Mall" project in downtown Fargo.

The "Broadway Mall" is a project which would eliminate normal vehicular traffic for several...

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