Mertz v. City of Elgin, Grant County

KAPSNER, Justice.

[¶ 1] Melvin Mertz appealed the district court order affirming the decision by the City of Elgin (“Elgin”) to deny his application for a permit to build a fence on the edge of his property. Mertz argued Elgin’s interpretation of its ordinances was arbitrary and unreasonable. We affirm.

I

[¶ 2] Mertz applied for a permit to build a fence on the lot line at the edge of his residential property in Elgin, North Dakota. Elgin’s city attorney opined the fence violated city ordinances that prohibited a structure from being built within seven feet of the lot line along a side yard.…