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COWAN v. STROUP

Civ. No. 9643.

284 N.W.2d 447 (1979)

Robert COWAN and Hugo Schmaltz, Petitioners and Appellees, v. James STROUP, Leo Carlson, Ted Walker and Tom O'Connell and Merle Larson, Respondents and Appellants.

Supreme Court of North Dakota.

October 11, 1979.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for respondents and appellants; argued by John A. Zuger, Bismarck.

Wheeler, Wolf, Wefald & Peterson, Bismarck, for petitioners and appellees; argued by Robert O. Wefald, Bismarck.

PAULSON, Justice.

This is an appeal from an order of the District Court of McLean County denying appellants' motion to dismiss a writ of certiorari from the Board of Adjustment of the City of Washburn. It is our opinion that this case has arisen because of the inartistic drafting of the zoning ordinance of the City of Washburn. For the reasons set forth we reverse and dissolve the order of the district court.

The petitioners and appellees, Robert Cowan and...

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