Page "Hettinger County, North Dakota" Paragraph 3

Annexation was attempted a second time in 1895, when the legislature passed legislation expanding the boundaries of Stark, Billings and Mercer Counties, subject to approval by the counties ' voters.

The vote was approved annexation went into effect November 3, 1896, and Hettinger County was eliminated.

However, Wilson L. Richards, a cattle rancher in one of the annexed counties, sued to overturn the annexation because he and other landowners were now subject to taxation by Stark County.

The case went to the North Dakota Supreme Court, which ruled the law unconstitutional on May 18, 1899.

The annexation remained in effect, however, due to a replacement law approved by the legislature March 9, 1899 in anticipation of the court's decision.

The second second annexation law was overturned by the North Dakota Supreme Court in 1901 because the annexation was not referred to the voters of the affected counties as required by the North Dakota Constitution.