City of Fargo v. Ness

VANDE WALLE, Chief Justice.

Bernie and Rhonda Ness appealed from a district court judgment awarding the City of Fargo (City) affirmative injunctive relief ordering the Nesses to remove or modify a wooden deck in violation of the city zoning ordinances. Because we conclude the trial court improperly limited its review to the issue of jurisdiction, we reverse and remand for further proceedings.

The Nesses own a single family residence in Fargo. In 1991 they obtained a building permit from the City to construct a 12 x 16 foot enclosed wooden deck at the rear of their home. While constructing that…