CITY OF MINOT v. FISHER

Civ. No. 8890.

212 N.W.2d 837 (1973)

The CITY OF MINOT, a municipal corporation, Plaintiff and Appellant, v. H. H. FISHER et al., Defendants and Appellees.

Supreme Court of North Dakota.

December 4, 1973.


Attorney(s) appearing for the Case

Bosard, McCutcheon, Kerian, Schmidt & Holum, Minot, for plaintiff and appellant.

McGee, Hankla, Backes & Wheeler, Minot, for defendants and appellees.


PAULSON, Judge.

This is an appeal from a judgment of the district court, which judgment dismissed an action by the City of Minot to enjoin the defendants from using a structure in a nonconforming manner.

The evidence discloses that on November 3, 1958, the City of Minot passed Zoning Ordinance No. 1149. This zoning ordinance affected an area of Minot in which was located a mortuary owned by Robert A. Russell, now deceased. The affected area became a single...

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