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[DOWNLOAD] "City St. Ann v. Lewis Buschard" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free

City St. Ann v. Lewis Buschard

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eBook details

  • Title: City St. Ann v. Lewis Buschard
  • Author : Supreme Court of North Dakota
  • Release Date : January 17, 1962
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

The appellant, hereinafter referred to as the city, is a city of the fourth class in St. Louis County, and seeks a declaratory judgment and judicial confirmation of its proposal to annex over 450 adjacent acres of land, hereinafter referred to as the proposed area, in a proceeding brought under the statute commonly known as the Sawyer Act, ร‚§ 71.015, R.S. Mo. 1959, V.A.M.S. The respondents, hereinafter referred to as the defendants, are nine of the landowners in this proposed area, and individually and as representatives of a class were made parties defendant. The trial court found against the city, and upon its after trial motions being denied by the trial court, the city has presented its timely appeal to this court. Trial began on October 5, 1959, and the trial courts judgment was entered in January of 1961, the trial court stating that it had held up entering its judgment to have the benefit of the decision in City of Olivette v. Graeler, Mo., 338 S.W.2d 827, an opinion dated September 12, 1960. The transcript in the instant case was filed in May of 1961 and the case heard by this court during the docket for November. At that time, pursuant to the rules of this court, the defendants alternative motions to dismiss the appeal or to strike part of the appellants brief were taken with the case. These motions are overruled.


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