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RMM Properties, L.L.L.P. v. City of Minot
Date: 11-21-2024
Case Number: 2024130
Judge: Todd L. Cresap
Court: District Court, Ward County, North Dakota
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
In July 2023, Aksal Group filed an application with the Minot City Planning Department requesting the vacation of the Kyle's Addition plat and the approval of a preliminary plat to establish the Citizens Alley Addition, a new three-lot subdivision. The Ward County recorder recorded the Kyle's Addition plat on August 31, 1995. The Kyle's Addition plat contained a single block, Block 1, with no numbered lots. It also designated a 24-foot "public access easement" located on the westerly edge of Block 1, which was "donated and dedicated to the public for public use."
RMM Properties objected to Aksal Group's application. RMM Properties owns property that is located adjacent to, but entirely outside of, the Kyle's Addition plat and is also outside of the Citizens Alley Addition preliminary plat. In its objection, RMM Properties asserted Aksal Group failed to obtain its consent as required under N.D.C.C. § 40-39-05 when vacating a "public alley" dedicated to the public use and, if the "alley" were vacated, one-half of the alley would revert to RMM Properties, as the adjacent property owner.
The Minot Planning Commission subsequently approved its staff recommendation that Aksal Group's application be approved under N.D.C.C. § 40-50.1-16. In September 2023, accepting the Planning Commission's recommendation, the Minot City Council approved a resolution vacating the Kyle's Addition, including the public access easement, and approving the preliminary plat of the Citizens Alley Addition.
RMM Props., L.L.L.P. v. City of Minot, 2024 ND 213, 20240130 (N.D. Nov 21, 2024)
Minot, North Dakota real property lawyers represented the parties in a planning and zoning dispute.
In July 2023, Aksal Group filed an application with the Minot City Planning Department requesting the vacation of the Kyle's Addition plat and the approval of a preliminary plat to establish the Citizens Alley Addition, a new three-lot subdivision. The Ward County recorder recorded the Kyle's Addition plat on August 31, 1995. The Kyle's Addition plat contained a single block, Block 1, with no numbered lots. It also designated a 24-foot "public access easement" located on the westerly edge of Block 1, which was "donated and dedicated to the public for public use."
RMM Properties objected to Aksal Group's application. RMM Properties owns property that is located adjacent to, but entirely outside of, the Kyle's Addition plat and is also outside of the Citizens Alley Addition preliminary plat. In its objection, RMM Properties asserted Aksal Group failed to obtain its consent as required under N.D.C.C. § 40-39-05 when vacating a "public alley" dedicated to the public use and, if the "alley" were vacated, one-half of the alley would revert to RMM Properties, as the adjacent property owner.
The Minot Planning Commission subsequently approved its staff recommendation that Aksal Group's application be approved under N.D.C.C. § 40-50.1-16. In September 2023, accepting the Planning Commission's recommendation, the Minot City Council approved a resolution vacating the Kyle's Addition, including the public access easement, and approving the preliminary plat of the Citizens Alley Addition.
RMM Props., L.L.L.P. v. City of Minot, 2024 ND 213, 20240130 (N.D. Nov 21, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of RMM Properties, L.L.L.P. v. City of Minot?
The outcome was: Affirmed
Which court heard RMM Properties, L.L.L.P. v. City of Minot?
This case was heard in District Court, Ward County, North Dakota, ND. The presiding judge was Todd L. Cresap.
Who were the attorneys in RMM Properties, L.L.L.P. v. City of Minot?
Plaintiff's attorney: Click Here For The Best Minot Real Property Lawyer Directory. Defendant's attorney: Click Here For The Best Minot Real Property Lawyer Directory.
When was RMM Properties, L.L.L.P. v. City of Minot decided?
This case was decided on November 21, 2024.