Haugland v. City of Bismarck

Plaintiff-Appellant Erling "Curly" Haugland appealed and Defendant-Appellee City of Bismarck cross-appealed a grant of summary judgment that declared North Dakota's Urban Renewal Law constitutional, and Bismarck's implementation of an urban renewal plan and use of tax increment financing to fund urban renewal projects in its urban renewal area compliant with the Act. Plaintiff claimed the Act violates the gift clause provisions of N.D. Const. art. X, section 18, the requirements for imposing taxes in N.D. Const. art. X, sections 3 and 5, and the equal protection provisions of the state and federal constitutions. He also claimed Bismarck's implementation of a perpetual urban renewal plan violated the Act. Upon review, the Supreme Court held the Act is constitutional, but the summary judgment record in this case did not establish whether Bismarck's renewal plan complied with the provisions of the Act. View "Haugland v. City of Bismarck" on Justia Law