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TIBERT v. CITY OF MINTO

No. 20050393.

720 N.W.2d 921 (2006)

2006 ND 189

Mark TIBERT and Suzi Tibert, and Melvin Tibert and Cathy Tibert, Plaintiffs and Appellants v. The CITY OF MINTO, through its governing body, and incorporated political subdivision, Defendant and Appellee.

Supreme Court of North Dakota.

August 28, 2006.

Attorney(s) appearing for the Case

David C. Thompson, David C. Thompson, P.C., Grand Forks, ND, for plaintiffs and appellants.

Ronald F. Fischer (argued), Pearson Christensen & Clapp, P.L.L.P., Grand Forks, ND, and Nicholas B. Hall (on brief), Grafton, ND, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Mark Tibert, Suzi Tibert, Melvin Tibert, and Cathy Tibert appealed from a final order of the district court affirming the City of Minto's decision to grant a building permit to Minto Grain, LLC, for the construction of three temporary grain storage structures. We affirm, concluding the City's approval of the building permit was not arbitrary, capricious, or unreasonable, and is supported by substantial evidence.

I

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