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BUCHHOLZ v. CITY OF ORISKA

No. 990364.

611 N.W.2d 886 (2000)

2000 ND 115

Paul BUCHHOLZ d/b/a Helmer's Corner Bar, Plaintiff and Appellant, v. CITY OF ORISKA, a North Dakota Municipal Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

May 30, 2000.

Attorney(s) appearing for the Case

Mark T. Blumer (submitted on brief), Nelson, Blumer & Johnson, PLLP, Fargo, for plaintiff and appellant.

Angela E. Lord (submitted on brief), Vogel, Weir, Bye, Hunke & McCormick, Ltd., Fargo, for defendant and appellee.

MARING, Justice.

[¶ 1] Paul Buchholz appeals from a judgment dismissing his action against the City of Oriska ("the City"). In the trial court, Buchholz challenged the substantive and procedural validity of an ordinance adopted by the City. On appeal, he raises only one issue: whether under N.D.C.C. § 40-05-01(1) the City was required to file a copy of the proposed ordinance in the office of the city auditor prior to its adoption. We conclude the statute...

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