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BERGER v. COUNTY OF MORTON

Civ. No. 9478.

275 N.W.2d 315 (1979)

John R. BERGER, Sidney Sonduck, and Herman Sonduck, Applicants, Appellants Below and Appellees, v. COUNTY OF MORTON, a Political Subdivision of the State of North Dakota, Respondent Below and Respondent, and Thoren Kilen, Mary Kilen, Loretta Koch, David Koch, D. J. Hoffman, Mary L. Hoffman, Harry D. Kline, Geraldine M. Kline, Norman Stein, Darlene Stein, Edna Assel, and Judy Loehrke, Intervenors Below and Appellants.

Supreme Court of North Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Lester J. Schirado, Mandan, for applicants, appellants below, and appellees.

Richard L. Schnell, State's Atty., Morton County; no appearance.

Jos. A. Vogel, Jr., Mandan, for intervenors below and appellants.

VANDE WALLE, Justice.

Thoren Kilen, Mary Kilen, et al. ("landowners") appeal from the district court's judgment that denied an application made by John R. Berger, Sidney Sonduck, and Herman Sonduck ("developers") for the filing of a subdivision plat in rural Morton County and remanded the application for further action to the Morton County Planning Commission.1 We affirm the judgment of the...

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