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WITZKE v. CITY OF BISMARCK

No. 20060113.

718 N.W.2d 586 (2006)

2006 ND 160

John WITZKE, Plaintiff and Appellant v. The CITY OF BISMARCK, a North Dakota Municipal Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 16, 2006.

Attorney(s) appearing for the Case

John Witzke, (on brief), pro se, Bismarck, ND, plaintiff and appellant.

Randall Bakke (on brief) and David R. Phillips (on brief), Smith Bakke Porsborg & Schweigert, Bismarck, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] John Witzke appeals from a district court judgment dismissing his lawsuit against the City of Bismarck ("City"). We affirm.

I

[¶ 2] Witzke was charged with attempted criminal mischief when he entered his neighbor's yard with a shovel intending to damage his neighbor's security camera. Witzke believed his neighbors were spying on him. A jury found Witzke guilty of attempted...

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