Hector v. City of Fargo
Fred M. Hector and
Earlyne L. Hector, Petitioners and Appellants
City of Fargo, a political
subdivision of the State
of North Dakota, Respondent and Appellee
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Real Property|
|Term:||01/2009  Argument: 01/06/2009|
|ND cite:||2009 ND 14|
760 N.W.2d 108
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Has the City of Fargo acted arbitrarily, capriciously, or unreasonably when it failed to zone the HECTORS' land commercial as requested by HECTORS?
2.Is there substantial evidence, in the record, that supports the HECTORS' petition for the commercial zoning of their land?
3.Was the City of Fargo decision-making flawed when it failed to have written findings, required by law, of the identified facts that would prevent HECTORS from obtaining their desired commercial zoning?
4.Have the HECTORS been denied the right to due process of law, and statutory protection(s), because the City of Fargo has not developed a uniform, comprehensive zoning plan involving the HECTORS' subject land(s)?
5.Did the City of Fargo engage in illegal spot zoning when it denied the HECTORS' petition for commercial zoning?
6.Can the HECTORS be denied commercial zoning for their land because of possible regulation(s) or standard(s) not in existence at the time the HECTORS' requests for commercial zoning were heard by the City of Fargo?
7.Is the opinion of the lower court flawed when it was not based upon all evidence that the HECTORS submitted in support of their commercial zoning petition?
Appellee's Statement of the Issues:
I. The City of Fargo's comprehensive land use plan and zoning regulations comply with North Dakota statutes. II. Whether the City of Fargo can impose conditional overlays and design restrictions in conjunction with any zoning change. III. Whether the City of Fargo engaged in "contract zoning". IV. Whether there is substantial evidence to support the City of Fargo's decision to deny the Hectors' growth plan amendment and zoning changes. V. Whether the City of Fargo engaged in "spot zoning".
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|1||07/22/2008 NOTICE OF APPEAL: 07/21/2008|
|2||07/22/2008 ORDER FOR TRANSCRIPT: 07/21/2008|
|3||08/22/2008 RECORD ON APPEAL and separate exhibits including 5 transcripts. Not sent was No. 27 (Tape)|
|4||09/09/2008 MOT. EXT/TIME TRANSCRIPT|
|5||09/09/2008 ACTION BY TRIAL COURT. Granted: 09/15/2008|
|6||09/15/2008 TRANSCRIPT DATED 2-27-08|
|7||09/15/2008 DISK - tra (2-27-08) (e-mailed)|
|8||09/16/2008 Certificate of Service of TRA|
|9||10/27/2008 APPELLANT BRIEF|
|10||10/27/2008 ADDENDUM TO APPELLANT'S BRIEF|
|11||10/27/2008 APPELLANT APPENDIX|
|12||10/31/2008 Corrected pages iv & 30 for ATB|
|13||10/31/2008 Affidavit of Service of corrected pages for ATB|
|14||10/31/2008 DISK - ATB (CD ROM)|
|15||11/17/2008 MOT. EXT/TIME APPELLEE BRIEF|
|16||11/18/2008 ACTION BY CLERK AEB. Granted: 12/15/2008|
|17||12/12/2008 APPELLEE BRIEF|
|18||12/12/2008 DISK of AEB (CD)|
|19||12/29/2008 REPLY BRIEF|
|20||12/29/2008 Addendum to RYB|
|22||01/06/2009 APPEARANCES: Jonathan T. Garaas; Mike Miller & Stacey Tjon Bossart, Asst. City Attorneys|
|23||01/06/2009 ARGUED: Garaas; Miller|
|24||01/06/2009 ORAL ARGUMENT WEBCAST|
|25||02/03/2009 DISPOSITION: AFFIRMED|
|26||02/03/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|27||02/03/2009 Costs on appeal taxed in favor of appellee|
|28||02/05/2009 Judgment e-mailed to Parties|
|29||02/16/2009 PETITION FOR REHEARING|
|30||02/16/2009 Addendum to Petition for Rehearing (Attached to Petition)|
|31||02/18/2009 DISK - PER|
|32||04/02/2009 ACTION BY SUPREME COURT (PER). Denied|
|34||04/24/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|