STATE BANK, ETC. v. CITY OF BISMARCK, ETC.

Civ. No. 10091.

316 N.W.2d 85 (1982)

STATE BANK OF BURLEIGH COUNTY TRUST COMPANY, a North Dakota Banking Corporation, Plaintiff, Appellee and Cross-Appellant, v. CITY OF BISMARCK, a municipal corporation, acting By and Through the BISMARCK BOARD OF CITY COMMISSIONERS, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

February 17, 1982.


Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff, appellee and cross-appellant; argued by David L. Peterson, Bismarck.

John A. Zuger, City Atty., Zuger & Bucklin, Bismarck, for defendant, appellant and cross-appellee.


PEDERSON, Justice.

This is an appeal by the City of Bismarck from a judgment declaring part of an alley vacated and awarding costs of $1,439.50, and a cross-appeal by the State Bank of Burleigh County from that part of the judgment which failed to award attorney's fees.1 We affirm the judgment.

Suit was brought by the Bank seeking declaratory relief. A court has discretionary power to render a declaratory judgment when it will...

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