Hale v. City of Minot

Robert Hale, doing business as Bullwinkle Builders, Inc., ("Hale") appealed a district court order affirming a City of Minot Board of Appeals decision to affirm the denial of Hale's application for a building permit. In December 2013, after a series of conversations and exchanges of information between the City's building official and Hale and his representatives, the building official denied the permit application for failure to submit certain required documentation. At issue was the building official's determination under the 2009 International Building Code ("IBC"), as adopted by the City, that Hale's facility was an "assisted living facility" classified as Institutional Group I-1, rather than an apartment building classified as Residential Group R-2. An applicant for a Institutional Group I-1 building permit was required to submit additional documentation prepared by a registered design professional and had to install more expensive wiring. The Supreme Court concluded after its review, that the Board did not act arbitrarily, capriciously, or unreasonably in affirming a City building official's decision to deny the application and that substantial evidence supports the Board's decision. The Court therefore affirmed the district court order. View "Hale v. City of Minot" on Justia Law