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VAN RADEN HOMES v. DAKOTA VIEW ESTATES

Civ. No. 940032.

520 N.W.2d 866 (1994)

VAN RADEN HOMES, INC., a corporation, Plaintiff and Appellant, v. DAKOTA VIEW ESTATES, a partnership, Hugo Olson, Kenneth V. Nordling, and other persons unknown claiming an estate or interest in, or lien or encumbrance on a property described in the Complaint, Defendants, Benny E. Peterson, Curtis Mitskog, Robert Hastings, Delph Kundert, American Bank and Trust Company, as trustee of Byron Ogren, deceased, Defendants and Appellees.

Supreme Court of North Dakota.

August 24, 1994.

Attorney(s) appearing for the Case

J. Philip Johnson, of Wold, Johnson, Feder, Brothers, Beauchene & Schimmelpfennig, Fargo, for plaintiff and appellant.

David A. Garaas, of Garaas Law Firm, and Craig A. Peterson (appearance), Fargo, for defendants and appellees.

VANDE WALLE, Chief Justice.

Van Raden Homes appealed from a district court judgment dismissing its action to quiet title to real property in Cass County. We reverse and remand for further proceedings.

This case involves seven undeveloped multiple-dwelling lots in Fargo. The former owners failed to pay real estate taxes for the years 1987 through 1991, and Cass County purchased the property at a tax sale in December 1988. In May 1992, the Cass County

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