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HIRSCH v. SCHERR

Civ. No. 9758.

295 N.W.2d 131 (1980)

Darvin HIRSCH and Mary Kay Hirsch, Plaintiffs and Appellants, v. Wendelin SCHERR, Defendant and Appellee.

Supreme Court of North Dakota.

July 17, 1980.

Attorney(s) appearing for the Case

Pearce, Anderson & Durick, Bismarck, and Glenn Pomeroy, law student, for plaintiffs and appellants; argued by Patrick W. Durick, Bismarck.

Rausch & Rausch, Bismarck, for defendant and appellee; argued by Richard P. Rausch, Bismarck.

PEDERSON, Justice.

Darvin and Mary Kay Hirsch brought an injunction action against Wendelin Scherr alleging that Scherr had violated the City Subdivision Ordinances by re-subdividing a lot situated adjacent to theirs. Summary judgment was granted in favor of Scherr. We affirm.

The Hirschs' home is located in Bismarck in North Hills Third Addition on Lot 24. They do not hold title to all of this lot. Scherr owns a small strip on the west side of Lot 24, and...

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