Dockter v. Burleigh County Board of County Commissioners

Summary

The North Dakota Supreme Court affirmed a district court judgment upholding the Burleigh County Board of County Commissioners’ rezoning of a 311-acre tract from agricultural to industrial use. The Court held that the rezoning was not impermissible spot zoning and was neither arbitrary, capricious, nor unreasonable because it was supported by substantial evidence and furthered the county’s economic-development objectives. The Court also denied the appellants’ request for attorney fees and costs.

Holdings

1. The rezoning did not constitute impermissible spot zoning because the record showed a reasonable basis for the different treatment, including community-wide economic-development benefits and the tract's substantial size and proximity to Interstate 94.
2. The County Commissioners' decision was not arbitrary, capricious, or unreasonable and was supported by substantial evidence.
3. The Dockters were not entitled to attorney fees and costs under N.D.C.C. § 11-11-39 because the courts did not rule in their favor.

Questions Presented

1. Whether the County Commissioners' rezoning of the 311-acre tract constituted impermissible spot zoning.
2. Whether the County Commissioners' rezoning decision was arbitrary, capricious, or unreasonable or unsupported by substantial evidence.
3. Whether the Dockters were entitled to attorney fees and costs under N.D.C.C. § 11-11-39.

Disposition

affirmed