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ALLEN v. CITY OF MINOT BY AND THROUGH MAYOR

Civ. No. 10703.

363 N.W.2d 553 (1985)

Earl ALLEN, Plaintiff and Appellant, v. CITY OF MINOT, acting By and Through its MAYOR AND CITY COUNCIL, and Investors Real Estate Trust, a North Dakota Business Trust, Defendants and Appellees.

Supreme Court of North Dakota.

March 13, 1985.

Attorney(s) appearing for the Case

Dwyer & Klemin, Bismarck, for plaintiff and appellant; argued by Lawrence R. Klemin, Bismarck.

Pringle & Herigstad, Minot, for defendants and appellees; argued by John J. Petrik, Minot.

GIERKE, Justice.

Earl Allen appeals from the judgment of the District Court of Ward County dismissing with prejudice his declaratory judgment action. We affirm.

Allen owns Oak Park Center, a neighborhood shopping center in Minot. Investors Real Estate Trust (IRET) owns Arrowhead Shopping Center, located five blocks away. In 1981, IRET applied to the Minot City Council for Municipal Industrial Development Act (MIDA) bonds to renovate Arrowhead. Allen appeared...

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