HORACE v. CITY OF FARGO EX REL. CITY COM'N

No. 20040219.

694 N.W.2d 1 (2005)

2005 ND 61

CITY OF HORACE, a political subdivision of the State of North Dakota, Plaintiff and Appellee v. The CITY OF FARGO, a political subdivision of the State of North Dakota, acting by and through its CITY COMMISSION and its Mayor, Bruce W. Furness, Defendant and Appellant.

Supreme Court of North Dakota.

March 23, 2005.


Attorney(s) appearing for the Case

Steven E. McCullough (argued) and Sean M. Fredricks (on brief), Ohnstad Twichell, West Fargo, N.D., for plaintiff and appellee.

Erik R. Johnson, Assistant City Attorney, Fargo, N.D., for defendant and appellant.


VANDE WALLE, Chief Justice.

[¶ 1] The City of Fargo appealed from a judgment granting the City of Horace's application for a writ of certiorari to void Fargo's annexation proceedings for land in Barnes and Stanley Townships in Cass County, and to allow Horace's annexation proceeding for land in Stanley Township to continue. We conclude Fargo's annexation proceeding for land in Barnes Township was not totally void, and Fargo's annexation proceeding for land in...

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