Apple Creek Township v. City of Bismarck

PAULSON, Justice.

Apple Creek Township has appealed to this court from the Burleigh County District Court’s declaratory judgment regard ing the power of a city to exercise zoning authority in the 2-mile area adjoining its corporate limits. The district court held that § 40-47-01.1 of the North Dakota Century Code enables the City of Bismarck to exercise exclusive zoning control over all territory located within two miles of its city limits, despite the fact that the same territory is situated within an organized township which has already exercised its zoning authority. We affirm.

The parties…