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DAKOTA LAND COMPANY v. CITY OF FARGO

Civ. Nos. 8993, 8994.

224 N.W.2d 810 (1974)

DAKOTA LAND COMPANY, Plaintiff and Appellee and Cross-Appellant, v. CITY OF FARGO, North Dakota, a municipal corporation and Frank R. Fahrlander, City Auditor of the City of Fargo, North Dakota, Defendants and Appellants and Cross-Appellees, and Duane E. Hoehn, County Auditor of Cass County, North Dakota, Defendant and Appellee. RAUENHORST CORPORATION, Plaintiff and Appellee and Cross-Appellant, v. CITY OF FARGO, North Dakota, a municipal corporation and Frank R. Fahrlander, City Auditor of the City of Fargo, North Dakota, Defendants and Appellants and Cross-Appellees, and Duane E. Hoehn, County Auditor of Cass County, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

December 19, 1974.

Attorney(s) appearing for the Case

Solberg & Stewart, Fargo, for defendants and appellants and cross-appellees City of Fargo and Frank R. Fahrlander, City Auditor.

John O. Garaas, Fargo, for defendant and appellee Duane E. Hoehn, County Auditor.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for plaintiffs and appellees and cross-appellants Dakota Land Co. and Rauenhorst Corp.

PAULSON, Judge, On Reassignment.

This is an appeal by the City of Fargo and Frank R. Fahrlander, Fargo City Auditor [hereinafter appellants], from a declaratory judgment and a permanent injunction by the Cass County District Court in favor of the Rauenhorst Corporation and Dakota Land Company [hereinafter appellees] against the City of Fargo; Frank R. Fahrlander, Fargo City Auditor; and Duane E. Hoehn, Cass County Auditor. Duane E. Hoehn, Cass County Auditor, did...

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