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GULLICKSON v. STARK COUNTY BD. OF COUNTY COMM'RS

Civ. No. 910037.

474 N.W.2d 890 (1991)

Douglas GULLICKSON, D.J. Gullickson and Doyle Rapp, Plaintiffs and Appellants, v. STARK COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant and Appellee.

Supreme Court of North Dakota.

September 17, 1991.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiffs and appellants; argued by Michael Geiermann.

Owen K. Mehrer (argued), State's Atty., Dickinson, for defendant and appellee.

MESCHKE, Justice.

Douglas Gullickson, D.J. Gullickson, and Doyle Rapp appealed from a district court judgment affirming a decision of the Stark County Board of County Commissioners [Commissioners] granting Calvin and Correen Wahl a zoning variance to place a mobile home on their lot in Greenvale I Subdivision. We reverse because the Commissioners' decision is arbitrary and in conflict with specific limitations in the zoning ordinance.

On April 17, 1989, Calvin...

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