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SCHROEDER v. BURLEIGH CTY. BD. OF COMM'RS

Civ. No. 9299.

252 N.W.2d 893 (1977)

Charles H. SCHROEDER and Cecelia M. Schroeder, Appellees, v. BURLEIGH COUNTY BOARD OF COMMISSIONERS, and Walter Krueger, Intervenor and Appellant.

Supreme Court of North Dakota.

April 28, 1977.

Attorney(s) appearing for the Case

Sperry & Schultz, Bismarck, for intervenor and appellant; argued by Alfred C. Schultz, Bismarck.

Wheeler, Wolf, Wefald & Peterson, P. C., Bismarck, for appellees; argued by Robert O. Wefald, Bismarck.

PEDERSON, Justice.

In April 1975, at Krueger's request, the Board of County Commissioners of Burleigh County (hereinafter County Board) made a change in the zoning classification of a portion of Krueger's land. The Schroeders, who resided on and owned a nearby tract of land, appealed. In the district court proceedings (in which Krueger was not a party) the zoning change was overturned. Krueger then intervened and moved that the court reopen and vacate the judgment...

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