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FAIRMOUNT TOWNSHIP BD. OF SUP'RS v. BEARDMORE

Civ. No. 880089.

431 N.W.2d 292 (1988)

FAIRMOUNT TOWNSHIP BOARD OF SUPERVISORS BY the FAIRMOUNT TOWNSHIP ZONING BOARD, Plaintiff and Appellee, v. John R. BEARDMORE, d.b.a. Big Dipper Enterprises, Inc., and Steve Campbell, Defendants and Appellants.

Supreme Court of North Dakota.

November 8, 1988.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellant John R. Beardmore.

Johnson, Johnson, Stokes, Sandberg & Kragness, Ltd., Wahpeton, for defendant and appellant Steve Campbell; argued by Leo F.J. Wilking for appellant Beardmore.

Serkland, Erickson, Marcil & McLean, Ltd., Fargo, for Fairmount Bd. of Supervisors, plaintiff and appellee; argued by Brad A. Sinclair.

LEVINE, Justice.

John Beardmore (Beardmore) and Steve Campbell (Campbell) appeal from a district court judgment requiring them to pay attorney fees and expenses incurred by the Fairmount Township Zoning Board (the Board) in the processing of Beardmore and Campbell's application for a permit to construct a sanitary landfill facility. We affirm.

On November 16, 1979, Beardmore and Campbell submitted a joint application to the Board seeking a special use permit...

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