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APPLE CREEK TOWNSHIP v. CITY OF BISMARCK

Civ. No. 9475.

271 N.W.2d 583 (1978)

APPLE CREEK TOWNSHIP, a Public Corporation, Plaintiff-Appellant, v. CITY OF BISMARCK, a Public Corporation, Defendant-Appellee.

Supreme Court of North Dakota.

Rehearing Denied November 28, 1978.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for the appellant; argued by Daniel J. Chapman, Bismarck.

John A. Zuger, City Atty., Bismarck, for appellee.

PAULSON, Justice.

Apple Creek Township has appealed to this court from the Burleigh County District Court's declaratory judgment regarding the power of a city to exercise zoning authority in the 2-mile area adjoining its corporate limits. The district court held that § 40-47-01.1 of the North Dakota Century Code enables the City of Bismarck to exercise exclusive zoning control over all territory located within two...

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