WERMAGER v. CORMORANT TP. BD.

No. 82-1732.

716 F.2d 1211 (1983)

Roger WERMAGER and Lola Wermager, Appellants, v. CORMORANT TOWNSHIP BOARD, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1983.


Attorney(s) appearing for the Case

Carlson Law Office, Jay D. Carlson, Fargo, N.D., for appellants.

Benshoof, Hummel, Sinclair, Schurman, Pearson, & Evans, P.A., John E. Pearson, Detroit Lakes, Minn., for respondents.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and ROBERTS, District Judge.


ROSS T. ROBERTS, District Judge.

This is an action brought under the aegis of 42 U.S.C. § 1983, in which Roger and Lola Wermager seek declaratory and injunctive relief in respect of a zoning ordinance adopted by defendant Cormorant Township Board ("the Township"). Their claim is based upon assertions that the ordinance in question is arbitrary and capricious and hence invalid; that it cannot lawfully be applied to their...

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