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STATE v. CITY OF SHERWOOD

Civ. No. 910330.

489 N.W.2d 584 (1992)

STATE of North Dakota ex rel. BOARD OF UNIVERSITY AND SCHOOL LANDS, Plaintiff and Appellee, v. CITY OF SHERWOOD, North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

August 4, 1992.

Attorney(s) appearing for the Case

Charles M. Carvell (argued), Asst. Atty. Gen., Bismarck, for plaintiff and appellee.

Dean Winkjer (argued), of Winkjer, McKennett, Stenehjem, Trotter & Reierson, Williston, for defendant and appellant.

LEVINE, Justice.

The City of Sherwood appeals from a judgment quieting title in the State to the oil, gas and minerals underlying land in Renville County. We reverse and remand for entry of a judgment consistent with this opinion.

When North Dakota was admitted to the Union in 1889, it received several million acres of land from the public domain for the support and maintenance of schools. Act of Feb. 22, 1889, 25 Stat. 676, § 10 (reprinted in 13 N.D...

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