Hector v. City of Fargo

20080177 Fred M. Hector and
Earlyne L. Hector, Petitioners and Appellants
v.
City of Fargo, a political
subdivision of the State
of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Real Property
Counsel:
Appellant: Garaas Law Firm
Appellee: Solberg Stewart Miller , Asst. City Attorney
Term: 01/2009   Argument: 01/06/2009  10:45am
ND cite: 2009 ND 14
NW cite: 760 N.W.2d 108

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
107/22/2008 NOTICE OF APPEAL: 07/21/2008
207/22/2008 ORDER FOR TRANSCRIPT: 07/21/2008
308/22/2008 RECORD ON APPEAL and separate exhibits including 5 transcripts. Not sent was No. 27 (Tape)
409/09/2008 MOT. EXT/TIME TRANSCRIPT
509/09/2008 ACTION BY TRIAL COURT. Granted: 09/15/2008
609/15/2008 TRANSCRIPT DATED 2-27-08
709/15/2008 DISK - tra (2-27-08) (e-mailed)
809/16/2008 Certificate of Service of TRA
910/27/2008 APPELLANT BRIEF
1010/27/2008 ADDENDUM TO APPELLANT'S BRIEF
1110/27/2008 APPELLANT APPENDIX
1210/31/2008 Corrected pages iv & 30 for ATB
1310/31/2008 Affidavit of Service of corrected pages for ATB
1410/31/2008 DISK - ATB (CD ROM)
1511/17/2008 MOT. EXT/TIME APPELLEE BRIEF
1611/18/2008 ACTION BY CLERK AEB. Granted: 12/15/2008
1712/12/2008 APPELLEE BRIEF
1812/12/2008 DISK of AEB (CD)
1912/29/2008 REPLY BRIEF
2012/29/2008 Addendum to RYB
2112/30/2008 DISK-RYB
2201/06/2009 APPEARANCES: Jonathan T. Garaas; Mike Miller & Stacey Tjon Bossart, Asst. City Attorneys
2301/06/2009 ARGUED: Garaas; Miller
2401/06/2009 ORAL ARGUMENT WEBCAST
2502/03/2009 DISPOSITION: AFFIRMED
2602/03/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2702/03/2009 Costs on appeal taxed in favor of appellee
2802/05/2009 Judgment e-mailed to Parties
2902/16/2009 PETITION FOR REHEARING
3002/16/2009 Addendum to Petition for Rehearing (Attached to Petition)
3102/18/2009 DISK - PER
3204/02/2009 ACTION BY SUPREME COURT (PER). Denied
3304/21/2009 MANDATE
3404/24/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/18/2014