A judge has dismissed a lawsuit filed by North Dakota's largest city that challenged a new law banning zoning ordinances related to guns and ammunition. State District Judge Cherie Clark on Tuesday granted the state's motion for summary judgment and dismissed the city's complaint. “While the Court agrees that (the North Dakota Constitution) intends for ‘maximum local self-government,’ the law is not settled that this language alone provides home rule cities the right to legislate on topics the state legislature has limited,” the judge wrote.
A judge has dismissed a lawsuit filed by North Dakota's largest city that challenged a new law banning zoning ordinances related to guns and ammunition. “While the Court agrees that (the North Dakota Constitution) intends for ‘maximum local self-government,’ the law is not settled that this language alone provides home rule cities the right to legislate on topics the state legislature has limited,” the judge wrote. Fargo has an ordinance banning people from conducting certain businesses out of their homes, including gun and ammunition sales, mortuaries, dog grooming and vehicle repair.