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GOWAN v. WARD COUNTY COM'N

No. 20080239.

764 N.W.2d 425 (2009)

2009 ND 72

David GOWAN, Plaintiff and Appellant v. WARD COUNTY COMMISSION, Defendant and Appellee.

Supreme Court of North Dakota.

April 30, 2009.

Attorney(s) appearing for the Case

Lynn M. Boughey, Boughey Law Firm, Bismarck, N.D., for plaintiff and appellant.

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

CROTHERS, Justice.

[¶ 1] David Gowan appeals from a judgment affirming the Ward County Commission's decision to deny his request to change the zoning of his land from agricultural to residential. Because the Ward County Commission's denial of Gowan's request is supported by substantial evidence and is not arbitrary, capricious or unreasonable, we affirm.

I

[¶ 2] In 2005 Gowan purchased land west of Minot in Burlington Township that was...

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