UJKA v. STURDEVANT

No. 7392.

65 N.W.2d 292 (1954)

UJKA v. STURDEVANT et al.

Supreme Court of North Dakota.

July 2, 1954.


Attorney(s) appearing for the Case

Burnett, Bergesen, Conmy & Whittlesey, Fargo, for appellant.

Forbes & Forbes, Wahpeton, for respondents.


BURKE, Judge.

The main question upon this appeal is whether the City of Wahpeton had the power to enact its ordinance 14-439, which restricts the use of building lots by prescribing the proportions of lots which are to be left as side yards. The question arose upon plaintiff's action to enjoin the defendants, Virgil and Lucylle Sturdevant from violating the ordinance by building closer to the side boundary of their lot than the ordinance permitted. In this action...

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