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BRAUNAGEL v. CITY OF DEVILS LAKE

No. 20000342.

629 N.W.2d 567 (2001)

2001 ND 118

L.A. BRAUNAGEL, Plaintiff and Appellant v. CITY OF DEVILS LAKE, North Dakota, a Municipal Corporation, Respondent and Appellee.

Supreme Court of North Dakota.

July 10, 2001.

Attorney(s) appearing for the Case

Peter K. Halbach, Haugland, Halbach and Halbach, Devils Lake, for plaintiff and appellant.

Jay H. Fiedler (argued) and Ronald F. Fischer (appeared), Pearson Christensen, Grand Forks, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] L.A. Braunagel appealed from a summary judgment dismissing his action against the City of Devils Lake ("the City") seeking a declaratory judgment and injunction directing the City to annex certain property or, alternatively, seeking damages for inverse condemnation. We affirm.

I

[¶ 2] Braunagel owns a parcel of property adjacent to the City. The property has at all times been zoned for agricultural use...

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