Legal Opinion

City of Bismarck v. St. Mary's Church

North Dakota Supreme Court

Decided December 4, 1970No. Civ. 8667PublishedCited by 1 opinion

1Opinion of the Court

ERICKSTAD, Judge.

The defendant, St. Mary’s Church, a corporation, appeals to this court from a judgment of the district court of Burleigh County, entered on the 9th day of March, 1970. The judgment appealed from results from a declaratory judgment action brought by the plaintiff, the City of Bismarck, to determine whether special assessments for street improvements levied upon the cemetery property of the Church are valid.

The Church’s answer to the complaint is that the property on which the assessments have been levied is cemetery property and thus exempt from assessment under Section…

2Cases cited5 opinions

  1. Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
  2. Soo Line Railroad Company v. City of WiltonNorth Dakota Supreme Court · 1969
  3. Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
  4. Metairie Cemetery Ass'n v. Board of AssessorsSupreme Court of Louisiana · 1885
  5. City of Southwest Fargo Urban Renewal Agency v. LentheNorth Dakota Supreme Court · 1967

3Cited by1 opinion

  1. City of Bismarck v. St. Mary's ChurchNorth Dakota Supreme Court · 1970

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