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FREY v. CITY OF JAMESTOWN

Civil No. 950287.

548 N.W.2d 784 (1996)

Charles L. FREY, Mary Ellen Frey, John Ronsberg, Lisa Ronsberg, Robert Seitz, Angela Seitz, Plaintiffs and Appellants, and Robert Frey, Connie Frey, James Madsen, Angela Madsen and Bloom Township, Plaintiffs, v. CITY OF JAMESTOWN, Defendant and Appellee, and American Prairie Foods, L.L.C., Intervenor.

Supreme Court of North Dakota.

May 31, 1996.

Attorney(s) appearing for the Case

Mark R. Hanson (argued), of Nilles, Hansen & Davies, Ltd., Fargo, for plaintiffs and appellants.

Kenneth L. Dalsted (argued), City Attorney, Jamestown, for defendant and appellee.

Joseph F. Larson II (no appearance), Jamestown, for Intervenor.

MESCHKE, Justice.

Charles and Mary Ellen Frey, John and Lisa Ronsberg, and Robert and Angela Seitz (plaintiffs) appealed from a summary judgment dismissing their lawsuit to enjoin the City of Jamestown from annexing a 100-acre tract and from zoning it for industrial use. We hold that the plaintiffs were not entitled to injunctive relief because Jamestown complied with the statutory procedures for annexing and zoning the land. We affirm the judgment.

The plaintiffs...

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