(Download) "City Olivette v. Walter Graeler" by Supreme Court of North Dakota ~ Book PDF Kindle ePub Free
eBook details
- Title: City Olivette v. Walter Graeler
- Author : Supreme Court of North Dakota
- Release Date : January 04, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is a declaratory judgment action seeking approval of a proposed annexation under the "Sawyers Act" enacted in 1953, now § 71.015, RSMo 1959, V.A.M.S. Various defenses were raised in the answers. It will not be necessary to review the pleadings, for such parts as are material to any issue will be noted later. The suit was filed on February 13, 1957. Industrial Properties, Inc., the owner of considerable property in the area proposed for annexation, was permitted to intervene. The parties originally named as defendants were chosen as representatives of the class of inhabitants of that area and there has been no objection whatever to the validity of this representation. After the first trial, motions of the defendants and intervenor for a new trial were sustained and the petition was dismissed; this was done upon the theory that the areas of St. Louis County lying outside of cities, towns and villages were not "unincorporated area" within the meaning of § 71.015, supra, and thus were not subject to annexation under that Act. Plaintiff appealed. The judgment dismissing the petition was reversed, but the order granting a new trial was affirmed and the case was remanded for trial on the merits. Our opinion appears at 338 S.W.2d 827.
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