Legal Opinion

City of Minot v. Fisher

North Dakota Supreme Court

Decided December 4, 1973No. Civ. 8890PublishedCited by 17 opinions

1Opinion of the Court

PAULSON, Judge.

This is an appeal from a judgment of the district court, which judgment dismissed an action by the City of Minot to enjoin the defendants from using a structure in a nonconforming manner.

The evidence discloses that on November 3, 1958, the City of Minot passed Zoning Ordinance No. 1149. This zoning ordinance affected an area of Minot in which was located a mortuary owned by Robert A. Russell, now deceased. The affected area became a single-family residential district and the mortuary thus became nonconforming because it was allowable only in commercial areas, under the zoning…

2Cases cited6 opinions

  1. Lord AppealSupreme Court of Pennsylvania · 1951
  2. Grenz v. WerreNorth Dakota Supreme Court · 1964
  3. Canada's Tavern, Inc. v. Town of Glen EchoCourt of Appeals of Maryland · 1970
  4. Marchese v. Norristown Borough Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1971
  5. State Ex Rel. Peterson v. BurtWisconsin Supreme Court · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Jahner v. JacobNorth Dakota Supreme Court · 1975
  2. Essex Leasing, Inc. v. Zoning Board of AppealsSupreme Court of Connecticut · 1988
  3. Hartley v. City of Colorado SpringsSupreme Court of Colorado · 1988
  4. Ernst v. Johnson CountySupreme Court of Iowa · 1994
  5. Amerada Hess Corp. v. Furlong Oil & Minerals Co.North Dakota Supreme Court · 1984

12 more not listed; retrieve them via the Exa API.

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