Homer Township v. Zimney

ERICKSTAD, Chief Justice.

Homer Township appealed from a district court judgment declaring its zoning ordinance void for failure to comply with a statutory notice requirement and dismissing its action against Douglas and Lonnie Zimney to enforce the ordinance. We affirm.

The Township sued Zimneys, alleging, in part: (1) that the Township adopted a zoning ordinance on August 3,1979; (2) that in 1989, Zimneys sought a variance from the ordinance’s restrictions on commercial uses; (3) that the variance was denied and Zimneys did not appeal; and (4) that, shortly after the variance was denied,…