Northwestern Bell Telephone Co. v. Board of Commissioners

VOGEL, Judge.

The only question before us is the construction of Section 40-11-02, North Dakota Century Code (set forth in full, infra), as applied to- the peculiar facts presented by this case. Otherwise stated, we must decide whether Ordinance No. 1444 of the City of Fargo was passed. The controversy arises because Section 40-11-02 requires for the passage of a city ordinance that “. . .a majority of all of the members of the governing body must concur in the passage . . .” and upon the first reading of the ordinance two of the five members of the commission voted “yea,” two were absent, and…