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TAXPAYERS' CHOICE v. ROSEAU CTY. BD. OF COM'RS

Civil No. 6-95-112.

903 F.Supp. 1301 (1995)

TAXPAYERS' CHOICE VOLUNTEER COMMITTEE, an unincorporated association; Ruth M. Stukel; and Roxanne Wygant, acting on their own behalf, on behalf of all petitioners who signed a petition to change the Roseau County seat, and on behalf of all persons in Roseau County who have spoken or acted in favor of or otherwise support holding an election on whether the Roseau County seat should be moved, Plaintiffs, v. ROSEAU COUNTY BOARD OF COMMISSIONERS; County of Roseau; Doran Horner, Dick Jackson, Orris Rasmussen, Glenn Darst, and John Spina, in their individual capacities as Roseau County Commissioners; Anne K. Granitz, in her capacity as Roseau County Auditor; and John and Jane Does 1-25, Defendants, Kraus-Anderson Construction Company, Brothers Fire Protection Co., E & L Electric Company, and Grant's Mechanical, Incorporated, Nominal Defendants, and Roseau County Citizens' Committee on the County Seat, Intervenor Defendants.

United States District Court, D. Minnesota, Sixth Division.

July 20, 1995.

Attorney(s) appearing for the Case

James G. Bullard and Gregory L. Poe, Leonard Street & Deinard, Minneapolis, Minnesota, for Plaintiffs.

John D. French and John F. Beukema, Faegre & Benson, Minneapolis, Minnesota for Defendants Roseau County Board of Commissioners, County of Roseau, Doran Horner, Dick Jackson, Orris Rasmussen, Glenn Darst, John Spina, Anne K. Granitz, and John and Jane Does 1-25.

Francis J. Connolly, General Counsel, Kraus-Anderson Construction Company, Minneapolis, Minnesota, for Nominal Defendant Kraus-Anderson Construction Company.

Jerome S. Rice, Mahoney, Hagberg & Rice, Ltd., Minneapolis, Minnesota, for Intervenor Defendants Roseau County Citizens' Committee on the County Seat.1

KYLE, District Judge.

Introduction

Plaintiffs commenced this action, pursuant to 42 U.S.C. §§ 1983 and 1985, alleging Defendants violated their constitutional rights in connection with Plaintiffs' attempts to require an election pursuant to Minnesota Statutes chapter 372 ("Chapter 372") to move the county seat of Roseau County from the City of Roseau to the City of Warroad. Plaintiffs seek a declaration that Chapter 372 is unconstitutional, on...

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