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ECK v. CITY OF BISMARCK

Civ. No. 9607.

283 N.W.2d 193 (1979)

Enola ECK, Plaintiff and Appellant, v. CITY OF BISMARCK, a Municipal Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

August 22, 1979.

Attorney(s) appearing for the Case

Alan C. Erickson, of Sperry & Erickson, and William S. Murray, Bismarck, for plaintiff and appellant.

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

VANDE WALLE, Justice.

Mrs. Enola Eck brought an action for inverse condemnation against the City of Bismarck in the district court. She contended that because the City enacted, and subsequently refused to amend, a zoning ordinance limiting her use of her property to agricultural purposes, the City must pay her the reasonable value of her land.1

For many years, Mrs. Eck has owned land approximately one mile from Bismarck in Apple...

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