State Bank of Burleigh County Trust Co. v. City of Bismarck

PEDERSON, Justice.

This is an appeal by the City of Bismarck from a judgment declaring part of an alley vacated and awarding costs of $1,439.50, and a cross-appeal by the State Bank of Burleigh County from that part of the judgment which failed to award attorney’s fees. 1 We affirm the judgment.

Suit was brought by the Bank seeking declaratory relief. A court has discretionary power to render a declaratory judgment when it will determine a justiciable controversy. Section 32-23-06, NDCC, and Rule 57, N.D.R.Civ.P. Both the Bank and the City moved for summary judgment, supported by affidavits and…