City of Aberdeen v. Wellman

FOSHEIM, Chief Justice.

Allan and Arlene Wellman (appellants) appeal a judgment which declared their business use of real property a public nui-*205sanee and enjoined certain activities. We affirm.

Appellants own three lots in a subdivision less than one mile north of the Aberdeen city limits. The area has been platted but is largely undeveloped. The land north of the disputed area is unplatted farm ground. The subdivision is bounded on the south by a well-travelled, hard surface road. Across that road, and to the south, is a junior high school and a tennis court/swimming pool complex.

In 1973,…