Mountrail County v. Hoffman

SANDSTROM, Justice.

[¶ 1] William Hoffman, doing business as L.A. Wrecking, appealed from a summary judgment declaring his junkyard and auto graveyard a public nuisance, enjoining him from permitting the storage of junk autos there, and granting Mountrail County the right to abate the nuisance. Because there are no genuine issues of material fact, we conclude summary judgment was proper. We affirm.

I

[¶ 2] The relevant facts are undisputed. In response to Congress’s passage of the Highway Beautification Act of 1965, codified at 23 U.S.C. § 136, the Legislature in 1967 enacted N.D.C.C. §…