Legal Opinion · Concurrence

State ex rel. Claver v. Broute

North Dakota Supreme Court

Decided September 5, 1923Published

1ConcurrenceBirdzell, J.

In view of the repeated constructions of the statute (Laws 1921, chapter 92) by this court, to the effect that the legislature had thereby committed to the local legislative bodies all questions concerning the detachment of territory from municipalities and had provided for no judicial review, and in view of the subsequent legislative recognition of this construction as being correct (Laws 1929, chapter 172). I am unable to see how the record in this case presents a constitutional question that this court should consider. (The 1929 amendment above referred to is, of course, not applicable to…

2Cases cited2 opinions

  1. McCormick v. Union Farmers State BankNorth Dakota Supreme Court · 1922
  2. Mogaard v. RobinsonNorth Dakota Supreme Court · 1922

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