MERTZ v. CITY OF ELGIN, GRANT COUNTY

No. 20110054.

800 N.W.2d 710 (2011)

2011 ND 148

Melvin MERTZ, Plaintiff and Appellant v. CITY OF ELGIN, GRANT COUNTY, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

July 21, 2011.


Attorney(s) appearing for the Case

Patrick D. Hope (argued) and Mary E. Nordsven (appeared), Dickinson, N.D., for plaintiff and appellant.

Ronald J. Weikum (argued), Elgin, N.D., for defendant and appellee.


KAPSNER, Justice.

[¶ 1] Melvin Mertz appealed the district court order affirming the decision by the City of Elgin ("Elgin") to deny his application for a permit to build a fence on the edge of his property. Mertz argued Elgin's interpretation of its ordinances was arbitrary and unreasonable. We affirm.

I

[¶ 2] Mertz applied for a permit to build a fence on the lot line at the edge of his residential property in Elgin, North Dakota. Elgin...

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