NEWMAN SIGNS, INC. v. HJELLE

Civ. No. 9394-A.

300 N.W.2d 860 (1980)

NEWMAN SIGNS, INC., a North Dakota corporation, Plaintiff and Appellant, v. Walter HJELLE, as North Dakota State Highway Commissioner, acting as and for the State of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 23, 1981.


Attorney(s) appearing for the Case

Cahill, Gunhus, Grinnell, Jeffries, Klinger, Vinje & Swenson, Moorhead, Mn., for plaintiff and appellant; argued by Edmund G. Vinje, II, Moorhead, Mn.

Steven L. Latham, Sp. Asst. Atty. Gen., Bismarck, for defendant and appellee.


SAND, Justice.

This is an appeal from a summary judgment granted in favor of the North Dakota State Highway Commissioner [Commissioner], and against Newman Signs, Inc. [Newman]. We affirm.

Newman initiated this action in district court seeking a writ of mandamus directing the Commissioner to issue a permit to Newman to erect advertising signs along Interstate 94 in Mapleton Township near West Fargo, North Dakota. This land is within one mile of West Fargo...

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