Liquid Hospitality v. Bd. of City Commissioners of the City of Fargo

Summary

The court held that Fargo Municipal Code § 25-1509.2 is not unconstitutionally vague because, as an economic regulation carrying civil administrative penalties, it gives licensees fair notice and provides adequate enforcement standards. The court also held that substantial evidence supported the Commission’s finding that the Windbreak violated the ordinance and that the decision was not arbitrary, capricious, or unreasonable. The district court’s judgment was therefore reversed.