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HIGGINS v. TRAUGER

Nos. 20010073, 20010074.

632 N.W.2d 463 (2001)

2001 ND 149

Maria L. HIGGINS, Petitioner and Appellant v. Paul E. TRAUGER, County Auditor of Morton County, Respondent and Appellee. Steve Thilmony and, Garry Strandemo, Plaintiffs and Appellees v. William Higgins; Sanitary Plumbing and Heating; Dakota Northwestern Bank, National Association, n/k/a Norwest Bank Bismarck, National Association; United Accounts, Inc.; B & D Supply, Inc. and all other persons unknown claiming any estate or interest in or Lien or encumbrance upon the property described in the Complaint, Defendants.

Supreme Court of North Dakota.

August 29, 2001.

Attorney(s) appearing for the Case

Susan Schmidt (argued) and William C. Severin (on brief), Severin, Ringsak & Morrow, Bismarck, for petitioner and appellant Maria L. Higgins.

Charles S. Miller, Jr., Fleck, Mather & Strutz, Bismarck, for respondent and appellee Paul E. Trauger.

James P. Rausch, Rausch Law Office, Bismarck, for plaintiffs and appellees Steve Thilmony and Garry Strandemo.

MARING, Justice.

[¶ 1] Maria L. Higgins appealed from a summary judgment quieting title to disputed Morton County property in Steve Thilmony and Gary Strandemo, and dismissing Higgins's petition for a writ of mandamus directing Morton County Auditor Paul E. Trauger to issue tax deeds for the property to her. We conclude the parties' reliance on the auditor's error in calculating the date the 90 day period of redemption would expire did not extend the statutory...

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