Mogaard v. City of Garrison
North Dakota Supreme Court
Appeal from the District Court of McLean County, Nuessle, J. Defendants appeal from a judgment awarding a peremptory writ of mandamus to compel them as members of the city council of the city of Garrison to pass an ordinance disconnecting' certain territory from that city. “The writ of mandamus may be issued to any inferior tribunal to compel the performance of an act which the law specially enjoins as a duty resulting from office, trust, or station.” Comp.
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Appeal from the District Court of McLean County, Nuessle, J. Defendants appeal from a judgment awarding a peremptory writ of mandamus to compel them as members of the city council of the city of Garrison to pass an ordinance disconnecting' certain territory from that city. “The writ of mandamus may be issued to any inferior tribunal to compel the performance of an act which the law specially enjoins as a duty resulting from office, trust, or station.” Comp. Laws 1913, § 8457; 18 R. O. L. pp. 116-128. “The legislature has the inherent authority to alter or change the boundaries of municipal…
1Opinion of the CourtChristianson, J.
This is an appeal from a judgment of the district court of McLean county awarding a peremptory writ of mandamus to compel the defendants, Joseph Fitzgerald, J. A. Keuter, W. II. Kobinson, and W. M. Kobinson, as members of the city council of the city of Garrison, to pass an ordinance disconnecting or detaching certain territory from said city. The petition for the writ of mandamus was based on § 3969, Comp. Laws 1913, as amended by chapter 79,, Laws 1919, which reads as follows: “On petition in writing signed by not less than three fourths of the legal voters and by the owners of not less…
2Cases cited9 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Ex Parte NewmanSupreme Court of the United States · 1872
- Glaspell v. City of JamestownNorth Dakota Supreme Court · 1902
- Brenke v. Borough of Belle PlaineSupreme Court of Minnesota · 1908
- Oliver v. WilsonNorth Dakota Supreme Court · 1899
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3Cited by17 opinions
- Tooley v. AlmNorth Dakota Supreme Court · 1994
- Midland Produce Co. v. City of MinotNorth Dakota Supreme Court · 1940
- Mogaard v. RobinsonNorth Dakota Supreme Court · 1922
- State Ex Rel. Herbrandson v. VespermanNorth Dakota Supreme Court · 1925
- Bismarck Tribune Co. v. WolfNorth Dakota Supreme Court · 1934
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