McCALLUM v. CITY COMM'RS OF CITY OF BISMARCK

Civ. No. 11203.

393 N.W.2d 263 (1986)

Robert McCALLUM and Basil Hansen, Petitioners and Appellants, v. The CITY COMMISSIONERS OF the CITY OF BISMARCK, Respondents and Appellees.

Supreme Court of North Dakota.

September 16, 1986.


Attorney(s) appearing for the Case

Wefald Law Office, Bismarck, for petitioners and appellants; argued by Robert O. Wefald.

Fleck, Mather, Strutz & Mayer, Bismarck, for respondents and appellees; argued by Jane Fleck Romanov.


LEVINE, Justice.

This is an appeal from an order of the district court denying the petitioners' request for a writ of mandamus to suspend a municipal sales tax ordinance and to require the respondent commissioners to submit the ordinance to a vote of the electors of the municipality. We reverse and remand.

On January 14, 1986, the voters of Bismarck approved a home rule charter authorizing the city commission "to impose a retail sales tax and use tax of no...

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