Legal Opinion

Dockter v. Burleigh County Board of County Commissioners

North Dakota Supreme Court

Decided July 2, 2015No. 20140379PublishedCited by 5 opinions

1Opinion of the Court

VANDE WALLE, Chief'Justice.

[¶ 1] Thane and Nicole Dockter appealed from a judgment affirming a Burleigh County Board of County Commissioners’ decision to rezone a 311 acre tract of land in Menoken Township from agricultural to industrial use. We conclude the County Commissioners’ decision does not constitute impermissible spot zoning, and the decision is not arbitrary, capricious, or unreasonable and is supported by substantial evidence. We affirm.

I

[¶ 2] In 1971, the Menoken Board of Township Supervisors adopted a resolution under N.D.C.C. § 11-33-20 relinquishing its zoning power over land…

2Cases cited9 opinions

  1. Shaw v. Burleigh CountyNorth Dakota Supreme Court · 1979
  2. City of Fargo, Cass Cty. v. Harwood TownshipNorth Dakota Supreme Court · 1977
  3. Hagerott v. Morton County Board of CommissionersNorth Dakota Supreme Court · 2010
  4. Pulkrabek v. Morton CountyNorth Dakota Supreme Court · 1986
  5. Hanson v. Industrial Commission of North DakotaNorth Dakota Supreme Court · 1991

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

3Cited by5 opinions

  1. Black Gold Oil Field Services, LLC v. City of WillistonNorth Dakota Supreme Court · 2016
  2. Johnson v. City of BurlingtonNorth Dakota Supreme Court · 2020
  3. Johnson v. City of BurlingtonNorth Dakota Supreme Court · 2020
  4. Dakota Outdoor Advertising, Inc. v. City of BismarckNorth Dakota Supreme Court · 2016
  5. Dockter v. Burleigh County Board of County CommissionersNorth Dakota Supreme Court · 2015

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