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LITTEN v. CITY OF FARGO

Civ. No. 9747.

294 N.W.2d 628 (1980)

C. Warner LITTEN, Paul R. Abrahamson, William Balck, and Dale O. Anderson, Plaintiffs and Appellees, v. The CITY OF FARGO, Jon Lindgren, Gib Bromenschenkel, Sid Cichy, Donna Chalimonczyk, and Roy Pedersen, in their official capacity as members of the Board of City Commissioners of the City of Fargo; Frank Fahrlander, in his official capacity as City Auditor of the City of Fargo; Duane Hoehn, in his official capacity as County Auditor for Cass County, North Dakota, Defendants, and John Camp, Intervenor, and Jacque Stockman, Intervenor Defendant and Appellant.

Supreme Court of North Dakota.

June 20, 1980.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs and appellees; argued by H. Patrick Weir, Fargo.

Lashkowitz Law Offices, Fargo, for intervenor defendant and appellant Jacque Stockman; argued by Herschel Lashkowitz, Fargo.

SAND, Justice.

Intervenor Jacque Stockman appealed from a Cass County district court order dated 22 Oct 1979 enjoining the City from calling a special election on 6 Nov 1979 or any other date based upon the petitions filed for a change in form of city government.

Petitions to change the form of the city government of Fargo, a home rule city, were filed with the city auditor on or about 4 and 5 Oct 1979.

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