Appeal dismissed by judge

An appeal filed with the Southeast Judicial District to halt demolition of a downtown building in New Rockford has been dismissed by Judge James Hovey.

During a regular meeting on Nov. 4, 2024, New Rockford City Commissioners voted to move forward with demolition of a “blighted” structure in downtown New Rockford.

They did so after an inspection by the Lake Region District Health Unit deemed the property – a two story brick building located at 806 1st Avenue North – as unsuitable for human habitation, further describing it as “unsafe and unsanitary.”

The building is connected to the offices of Vorland Land Company in New Rockford, though reportedly the two structures don’t share a common wall.

The owner of the building, Richard Hucke, was given notice of a public hearing ahead of the commission’s Nov. 4 decision, at which he’d be allowed to speak to commissioners regarding the property, but Hucke did not attend.

The letter addressed to him stated, “Various doors and windows are missing, open, and/or broken, thereby allowing vermin and other animals to access the property. There is a large vertical crack in the west exterior wall potentially jeopardizing the structural integrity of the building.

"Roof is in disrepair/deteriorated and requires repair and/or replacement. Interior is unfinished and the premises lack electrical facilities, plumbing and sewage, and facilities."

Once Hucke was notified of the commission’s decision to move forward with demolition, Hucke then had 30 days to appeal their decision, which he did on Dec. 3, 2024.

“I read the report and viewed the photos attached that was given to the City of New Rockford Commissioners, and contest their decision primarily due to lack of merit or legitimate evidence to require demolition of properties,” writes Hucke in his appeal.

He goes on to argue he wasn’t given a reasonable period of time to address their concerns, and that he’s already spent thousands of dollars improving the building with the intention of converting it into a community center.

“I have numerous dated documents and receipts to back up my proof that this building, a historical building, should most assuredly be spared from demolition, and I am willing to comply with the city, and any other entities involved to make this happen,” he writes.

However, before Hucke’s appeal could be heard in court, it was dismissed on a technicality.

Per Rule 4 of the N.D. Rules of Civil Procedure, Hucke was required to give notice of his appeal to both the local clerk of court and the local governing body whose decision he’s appealing, in this case the City of New Rockford.

But according to court documents, Hucke failed to notify the city of his appeal within the 30-day window, thereby forcing the judge to dismiss his appeal due to the oversight.

So, as of now it seems the building is once again on track for demolition, although an exact date has not been established.

The city commission has not discussed Hucke’s appeal at a public meeting, and it’s unclear if it will appear on the agenda moving forward.