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CRANE JOHNSON LUMBER CO. v. CITY OF FARGO

No. 20030146.

671 N.W.2d 814 (2003)

2003 ND 181

CRANE JOHNSON LUMBER COMPANY, and Swanston Equipment, Inc., Plaintiffs and Appellants, v. CITY OF FARGO, North Dakota, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 2003.

Attorney(s) appearing for the Case

Daniel J. Crothers, Nilles, Hansen & Davies, Ltd., Fargo, for plaintiffs and appellants.

Garylle B. Stewart, Fargo, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Crane Johnson Lumber Company ("Crane Johnson") and Swanston Equipment, Inc., ("Swanston") appealed from a district court judgment dismissing their action against the City of Fargo, challenging assessments for a street improvement project. We affirm.

I

[¶ 2] In 1998, the Fargo City Commission created Special Improvement District # 4837 to pave a portion of 34th Street Southwest in Fargo between Main Avenue and 4th...

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