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KRAFT v. MALONE

Civ. No. 9993.

313 N.W.2d 758 (1981)

Peter A. KRAFT, Plaintiff and Appellee, v. Pat MALONE, Acting Mayor of the City of Linton, a Municipal Corporation, The City Council of Linton, North Dakota, and The City of Linton, North Dakota, a Municipal Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

December 22, 1981.

Attorney(s) appearing for the Case

Frank J. Wikenheiser, of Wheeler, Wolf, Peterson & McDonald, Bismarck, for plaintiff and appellee.

F. C. Rohrich, Linton, for defendants and appellants.

VANDE WALLE, Justice.

The City of Linton (hereinafter "Linton") appealed from a judgment of the district court, Emmons County, awarding Peter Kraft damages against Linton as a result of a taking of private property for public use without just compensation. We affirm in part but remand for modification of the judgment.

Kraft applied for a permit to build a house upon unplatted land which he owned within the city of Linton. Linton effectively denied Kraft's...

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