HAMAN v. CITY OF SURREY

Civ. Nos. 870049, 870050.

418 N.W.2d 605 (1988)

Virgil HAMAN, Veronica Haman and Joyce A. Haman, Plaintiffs and Appellants, v. CITY OF SURREY, a municipal corporation of the State of North Dakota; Ferne Sherlock as City Auditor of the City of Surrey, North Dakota, Defendants and Appellees, Dave Senger as County Auditor for Ward County, North Dakota, Defendant. Ruth HAGER, Conrad Koble and Barbara Koble, his wife, Robert Aschenbrenner and Elsie Aschenbrenner, his wife, Donavon Kauffman and Robert Mahoney, Plaintiffs and Appellants, v. The CITY OF SURREY, North Dakota, a municipal corporation of the State of North Dakota; Mark S. Campbell, Gary Mehrer, Patrick Johnson, Steven McIntyre, Marvin Schilling, Richard Wittmayer, Council members of the City of Surrey, Raymond Volk, Mayor, City of Surrey, Defendants and Appellees.

Supreme Court of North Dakota.

February 1, 1988.


Attorney(s) appearing for the Case

McIntee Law Firm, and Bosard, McCutcheon & Rau, Ltd., Minot, for plaintiffs and appellants; argued by Michael S. McIntee.

Teevens, Johnson & Montgomery, Minot, for defendants and appellees; argued by William Teevens.


ERICKSTAD, Chief Justice.

The plaintiffs, as appellants, are landowners (Landowners) who challenge special assessments levied against their property. Landowners appeal from the trial court's judgment dismissing their complaints against the city of Surrey et al. We affirm.

Landowners protest the special assessments for water and sewer improvements in Surrey, North Dakota. Surrey's population is approximately 1,000. Landowners' property is not developed for...

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