Nandan, LLP v. City of Fargo

McEVERS, Justice.

[¶ 1] Nandan, LLP, and Border States Paving, Inc., (collectively, “Border States”) appeal from a district court judgment dismissing its amended complaint against the City of Fargo for failure to state a claim on which relief can be granted. The district court concluded Border States’ amended complaint provided no right to relief under N.D.C.C. §§ 40-22-06 and 40-22-15. We affirm the part of the judgment concluding Border States had no right to relief against Fargo under N.D.C.C. § 40-22-06, relating to when a resolution of necessity is required and the right of public protest…