Kalmbach v. City of Mobridge

This is a taxpayer's suit in which plaintiff seeks to enjoin the City of Mobridge and its officers from completing a sale of some municipally owned real estate. The matter was submitted to the court below on a written stipulation of facts. Plaintiff appeals from an adverse judgment of dismissal.

The common council of defendant city on November 4, 1963, adopted a resolution declaring such real estate was no longer used or needed for public purposes and directed it be sold at private sale. Pursuant to such resolution the city treasurer caused notice of sale to be published as required by statute…