1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 421 N.W.2d
  5. 421 N.W.2d 480 (1988)
 

MIILLER v. CITY OF RUGBY PLANNING & ZONING COMM'N

Civ. No. 870294.

421 N.W.2d 480 (1988)

Wes MIILLER, Bill Weber, Harry Johnson, Pamela Orth, Larry Hoffart, William A. Neumann, and Jacqueline D. Neumann, Plaintiffs and Appellants, v. CITY OF RUGBY PLANNING AND ZONING COMMISSION, City of Rugby City Council, The City of Rugby, a municipal corporation, Barb Molesworth, Rose Rohrer, Frank Kraft, Donald Okrina, Curt Teigen, Wade Sperry, Bruce Baumann, Phil Martin, Allen Reiter, Timothy Estes, New Horizon Corporation, Ron Rothhouse, and Rothhouse Home Builders, Inc., Defendants and Appellees, and Robert Hartl, Defendant.

Supreme Court of North Dakota.

March 29, 1988.

Attorney(s) appearing for the Case

Carol Ronning Kapsner, of Kapsner & Kapsner, Bismarck, for plaintiffs and appellants.

Brian R. Bjella, of Fleck, Mather, Strutz & Mayer, P.C., Bismarck, for defendants and appellees City of Rugby Planning and Zoning Com'n, City of Rugby City Council, the City of Rugby, Barb Molesworth, Rose Rohrer, Frank Kraft, Donald Okrina, Curt Teigen, Wade Sperry, Bruce Baumann, Phil Martin, Allen Reiter, and Timothy Estes.

Nevin Van de Streek, of Eaton, Van de Streek & Ward, Minot, for defendants and appellees Ron Rothhouse and Rothhouse Home Builders, Inc.

VANDE WALLE, Justice.

The plaintiffs appealed from a district court judgment dismissing their action, with prejudice, for failure to state a claim upon which relief could be granted. We modify the dismissal, making it without prejudice, and, as modified, we affirm.

Although the circumstances underlying this action are complex, the relevant facts for disposing of this appeal can be succinctly stated. On September...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases