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CITY OF FARGO v. NESS

Civil No. 950395.

551 N.W.2d 790 (1996)

CITY OF FARGO, a municipal corporation, Plaintiff and Appellant, v. Bernie M. NESS, Jr. and Rhonda M. Ness, Defendants and Appellees.

Supreme Court of North Dakota.

July 18, 1996.

Attorney(s) appearing for the Case

Wayne O. Solberg (argued), of Solberg, Stewart, Miller & Johnson, Fargo, for plaintiff and appellant.

J. Philip Johnson (argued), of Wold Johnson, P.C., Fargo, for defendants and appellees.

MARING, Justice.

The City of Fargo appealed from a district court judgment dismissing the City's action against Bernie and Rhonda Ness for an affirmative injunction requiring the Nesses to remove or modify a wooden deck. We hold that the Nesses' deck is not in violation of the City zoning ordinance, and we affirm the judgment.

The underlying facts are set forth in City of Fargo v. Ness, 529 N.W.2d 572 (N.D.1995),...

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