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ROEDERS v. CITY OF WASHBURN

Civ. No. 9797.

298 N.W.2d 779 (1980)

Albert ROEDERS, Albert Rohl, Clark Ness and Ronald Gessele, Plaintiffs and Appellants, v. CITY OF WASHBURN, North Dakota, acting through its City Commission, and Hawkins Chemical Co., a Foreign Corporation, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiffs and appellants; argued by Rauleigh D. Robinson, Mandan.

William F. Lindell, Washburn, for defendant and appellee City of Washburn.

Kelsch & Kelsch, Bismarck, and Henson & Efron, Minneapolis, Minn., for defendant and appellee Hawkins Chemical Co.; argued by Robert P. Bennett, Bismarck.

SAND, Justice.

This is an appeal from a summary judgment dismissing plaintiff's action against the defendants, Hawkins Chemical Co. and the City of Washburn. We reverse.

During the spring of 1979, Hawkins Chemical Co. [Hawkins] indicated a desire to construct and operate a warehouse and storage facility in Washburn, North Dakota. The original site for the facility was strongly objected to by a sizable number of...

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