Newman Signs, Inc. v. Hjelle

SAND, Justice.

This is an appeal from a summary judgment granted in favor of the North Dakota State Highway Commissioner [Commissioner], and against Newman Signs, Inc. [Newman], We affirm.

Newman initiated this action in district court seeking a writ of mandamus directing the Commissioner to issue a permit to Newman to erect advertising signs along Interstate 94 in Mapleton Township near West Fargo, North Dakota. This land is within one mile of West Fargo, and the city has the authority to extend its zoning jurisdic tion to the land. 1 Prior to April 1979 this land was zoned commercial pursuant…