BISMARCK – The North Dakota Supreme Court has upheld a district court’s ruling in favor of the City of Minot in an appeal brought by a Minot property owner.

RMM Properties appealed the ruling from North Central District Judge Todd Cresap, who determined the Minot City Council acted appropriately in approving an application from Aksal Group to vacate a 1995 plat and create a new preliminary plat for Citizens Alley.

Aksal Group had filed the application in July 2023. RMM Properties asserted Aksal Group failed to obtain its consent as a neighboring property owner, as required in state law when vacating an alley dedicated to public use. It also asserted half of the alley should revert to RMM Properties if vacated.

The Supreme Court stated RMM Properties’ argument is based on a section of state law related to petitions to vacate public grounds, streets or alleys. The state law that applies to Citizens Alley is a different section that references vacation of an entire plat, along with any public rights in streets, alleys, easement and public grounds, the court wrote. This section allows cities to approve a vacation with agreement from lot owners in the platted area.

The court also stated RMM Properties has no claim on a public alley because the property dedication in the original plat was for a public access easement, not an alley.