HOMER TOWNSHIP v. ZIMNEY

Civ. No. 910367.

490 N.W.2d 256 (1992)

HOMER TOWNSHIP, Plaintiff and Appellant, v. Douglas P. ZIMNEY and Lonnie G. Zimney, Defendants and Appellees.

Supreme Court of North Dakota.

October 1, 1992.


Attorney(s) appearing for the Case

Buchanan Law Office, Jamestown, for plaintiff and appellant; argued by Daniel E. Buchanan, Jamestown.

Gilje, Greenwood & Dalsted, Jamestown, for defendants and appellees; argued by Charles J. Gilje, Jamestown.


ERICKSTAD, Chief Justice.

Homer Township appealed from a district court judgment declaring its zoning ordinance void for failure to comply with a statutory notice requirement and dismissing its action against Douglas and Lonnie Zimney to enforce the ordinance. We affirm.

The Township sued Zimneys, alleging, in part: (1) that the Township adopted a zoning ordinance on August 3, 1979; (2) that in 1989, Zimneys sought a variance from the ordinance's restrictions...

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