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HENTZ v. ELMA TOWNSHIP BD. OF SUPERVISORS

No. 20060198.

727 N.W.2d 276 (2007)

2007 ND 19

Brandan HENTZ and Troy Hentz, Appellants v. ELMA TOWNSHIP BOARD OF SUPERVISORS, acting as the Elma Township Zoning Commission, Appellee.

Supreme Court of North Dakota.

February 5, 2007.

Attorney(s) appearing for the Case

John D. Bullis, Lies & Bullis, Wahpeton, ND, for appellants.

Tami L. Norgard (argued) and Kari R. Reichert (appeared), Vogel Law Firm, Fargo, ND, for appellee.

CROTHERS, Justice.

[¶ 1] Brandan and Troy Hentz ("the Hentzes") appealed from the district court's dismissal of their appeal from the Elma Township Zoning Commission's ("the Township") findings that they violated a zoning ordinance by planting trees too close to county roads. We reverse the district court's judgment after concluding the Township's decision was unreasonable, and we remand to the Township to vacate its...

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