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  5. 298 N.W.2d 353 (1980)
 

TOWN BD. OF MARSHAN v. CITY COUNCIL, ETC.

No. 47391.

298 N.W.2d 353 (1980)

TOWN BOARD OF MARSHAN, Appellant, v. CITY COUNCIL OF the CITY OF HASTINGS, Respondent.

Supreme Court of Minnesota.

October 17, 1980.

Attorney(s) appearing for the Case

Schoen & Jones and Harvey N. Jones, Hastings, for appellant.

Hertogs, Fluegel, Sieben, Storkamp & Caturia and Donald Fluegel, Hastings, for respondent.

Heard by SHERAN, C. J., and PETERSON and YETKA, JJ., and considered and decided by the court en banc.

SHERAN, Chief Justice.

The present appeal resulted from an action filed in the district court of Dakota County by plaintiff-appellant Town Board of Marshan against defendant-respondent City Council of the City of Hastings. Appellant brought this action to restrain the City of Hastings from publishing or filing a proposed ordinance annexing certain property located in Marshan Township until a hearing could be had before the Minnesota Municipal Board. On July 16, 1976...

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