Baker v. Lenhart

Statement.

Plaintiff seeks, through certiorari, to exclude certain lands from the city of Bismarck. The facts are: — Plaintiff petitioned the city commission of Bismarck to exclude from the city the S.-¿-, sec. 5, twp. 138, rge. 80. In the petition and affidavit, he avers that such land is wholly unplatted; that no municipal sewers, water mains, pavements, sidewalks or other city improvements have been constructed upon the same; that such lands are and always have been used exclusively for agricultural purpose's; that there are no legal voters residing upon the lands; that he has been the…