RMM Properties v. City of Minot

Summary

The court affirmed Minot's approval of an application vacating the Kyle's Addition plat and approving a new preliminary plat. It held that the statutory procedure governing vacation of a plat, rather than the procedure for vacating only public streets, alleys, or grounds, applied to the entire application, including the public access easement. The court also concluded the easement was not an alley or fee interest and that Minot's decision was neither arbitrary, capricious, nor unreasonable and was supported by substantial evidence.