Legal Opinion

Dakota Outdoor Advertising, Inc. v. City of Bismarck

North Dakota Supreme Court

Decided November 9, 2016No. 20160136Published

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Dakota Outdoor- Advertising, LLC (“Dakota”) appeals from the district court’s order affirming the Bismarck Board of Commissioner’s (“Board”) decision affirming the Bismarck Planning and Zoning Commission’s (“Commission”) denial of an application for a special use permit. We affirm.

I

[¶ 2] Dakota entered into a lease with Boutrous Group, the owner of real property in Bismarck near the intersection of East Capitol- Avenue and State Street. Dakota intended to erect a digital billboard on the property. Because the sign would be digital and located less than 300 feet from a…

2Cases cited11 opinions

  1. Shaw v. Burleigh CountyNorth Dakota Supreme Court · 1979
  2. Hagerott v. Morton County Board of CommissionersNorth Dakota Supreme Court · 2010
  3. Tibert v. City of MintoNorth Dakota Supreme Court · 2006
  4. Delta Biological Resources, Inc. v. Board of Zoning AppealsCourt of Appeals of Wisconsin · 1991
  5. Prairie at St. John's v. W.D.O.North Dakota Supreme Court · 2004

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