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CITY OF FARGO, CASS CTY. v. HARWOOD TOWNSHIP

Civ. No. 9312.

256 N.W.2d 694 (1977)

CITY OF FARGO, CASS COUNTY, North Dakota, a Municipal Corporation, Plaintiff and Appellant, v. HARWOOD TOWNSHIP, Harwood Township Board of Supervisors, and Harwood Township Zoning Commission, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 19, 1977.

Attorney(s) appearing for the Case

Solberg, Stewart & Boulger, Fargo, for plaintiff and appellant; argued by Wayne O. Solberg, Fargo.

Dosland, Dosland, Nordhougen & Mickelberg, American Bank and Trust Company Building, Moorhead, Minn., Attys. for defendant and appellee; argued by J. P. Dosland, Moorhead, Minn.

SAND, Justice.

We are called upon in this case to determine whether a municipality proposing to locate a sanitary landfill on land outside its city limits is exempt from the zoning regulations of the township in which the property is located. We have concluded that it is not.

This question comes to us on appeal from the Cass County district court, first judicial district, where a declaratory judgment action resulted in judgment for Harwood Township...

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