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Court rules against man’s rezone ques

May 7, 2009
By Dave Caldwell

The North Dakota Supreme Court has ruled against a Minot man who argued that the Ward County Commission acted inappropriately by denying his request to rezone land in the Trestle Valley area so he could develop houses on it.

The county commission denied David Gowan's request by a 3-2 vote in September 2007 because the land is in the same general area as the current Ward County Law Enforcement Training Center. The commission ruled that a housing development in the area would put people and property at risk of being struck by stray rounds from firearms fired on the training center's outdoor range. Gowan protested that law enforcement officers were allowed to build homes nearby, thus he should be able to as well.

Gowan appealed the commission's decision in Northwest District Court, but Judge Gerald Rustad upheld the county's decision. The N.D. Supreme Court, in a ruling issued late this past week, in turn upheld Rustad's decision.

 
 

 

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