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KASPER v. CITY OF MANDAN

Civ. No. 8919.

217 N.W.2d 1 (1974)

Chester KASPER, and others similarly situated, Plaintiffs and Appellants, v. CITY OF MANDAN, a Municipal Corporation, Defendant and Respondent.

Supreme Court of North Dakota.

April 1, 1974.

Attorney(s) appearing for the Case

Dwight C. H. Kautzmann, Mandan, for plaintiffs and appellants.

Richard P. Gallagher, Mandan, for defendant and respondent.

ILVEDSON, District Judge.

This action seeks to permanently enjoin and restrain the City of Mandan of exercising any jurisdiction or taxing authority over the NE¼ of Section 26, Township 139, North of Range 81 West in Morton County.

In the year 1928, one Edson P. Curtis filed a petition with the governing board of the City of Mandan, an incorporated city, seeking to have the above-described land excluded from...

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