Myers v. Moore Engineering, Inc.

LOKEN, Circuit Judge.

Appellants are owners of structurally defective townhouses in the Wyngate Estates in West Fargo, North Dakota. The issue on appeal is whether the City of West Fargo is Hable to appellants for neghgent enforcement of the City’s building code. Applying North Dakota law, the district court1 granted summary judgment to the City and its building inspection contractor, Moore Engineering, Inc. (hereafter collectively referred to as “the City”), concluding that the City in inspecting buildings and issuing building permits does not owe a duty to appellants, as members of the…