Legal Opinion
City of Fargo v. Ness
North Dakota Supreme Court
Decided July 18, 1996No. Civil 950395PublishedCited by 11 opinions
1Opinion of the Court
MARING, Justice.
The City of Fargo appealed from a district court judgment dismissing the City’s action against Bernie and Rhonda Ness for an affirmative injunction requiring the Nesses to remove or modify a wooden deck. We hold that the Nesses’ deck is not in violation of the City zoning ordinance, and we affirm the judgment.
The underlying facts are set forth in City of Fargo v. Ness, 529 N.W.2d 572 (N.D.1995), and will be repeated here only as necessary to an understanding of the issues raised in this appeal. The Nesses own a single family residence in Fargo. In 1991 they constructed a…
2Cases cited6 opinions
- Horst v. GuyNorth Dakota Supreme Court · 1974
- City of Fargo v. NessNorth Dakota Supreme Court · 1995
- Pulkrabek v. Morton CountyNorth Dakota Supreme Court · 1986
- Wingerter v. North Dakota Department of TransportationNorth Dakota Supreme Court · 1995
- Capital Electric Cooperative, Inc. v. Public Service CommissionNorth Dakota Supreme Court · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Medcenter One, Inc. v. North Dakota State Board of PharmacyNorth Dakota Supreme Court · 1997
- GO Committee Ex Rel. Hale v. City of MinotNorth Dakota Supreme Court · 2005
- Hagerott v. Morton County Board of CommissionersNorth Dakota Supreme Court · 2010
- Gowan v. Ward County CommissionNorth Dakota Supreme Court · 2009
- Hentz v. Elma Township Board of SupervisorsNorth Dakota Supreme Court · 2007
6 more not listed; retrieve them via the Exa API.