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WILD RICE RIVER ESTATES v. CITY OF FARGO

No. 20050074.

705 N.W.2d 850 (2005)

2005 ND 193

WILD RICE RIVER ESTATES, INC., Plaintiff and Appellant v. CITY OF FARGO, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

November 14, 2005.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Garaas Law Firm, Fargo, ND, for plaintiff and appellant.

Patricia A. Roscoe (argued) and Garylle B. Stewart (appeared), Solberg, Stewart, Miller & Tjon, Fargo, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Wild Rice River Estates, Inc. ("Wild Rice"), appealed from a judgment dismissing its inverse condemnation action against the city of Fargo and from an order denying its post-trial motions. We conclude the trial court correctly ruled that Fargo's 21-month moratorium on building permits did not constitute a taking of Wild Rice's property in violation of the federal and state constitutions, and we affirm.

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