Newman v. Hjelle

TEÍGEN, Judge.

This appeal is from a judgment dismissing plaintiff’s complaint. The proceeding was on motion under Rule 12(b), North Dakota Rules of Civil Procedure.

The plaintiff by his complaint seeks to restrain and enjoin the defendants from using revenues from gasoline and other motor fuel excise and license taxation, motor vehicle registration and license taxes for the purchase or acquisition of advertising and sign control rights outside of the access right of way of Interstate Highway No. 94. Plaintiff also prays for a declaratory judgment declaring said revenue cannot be used by the…