dissenting.
I respectfully dissent from the reasoning and conclusion stated in the majority opinion.
Section 15.0401 of Article 4 of the Bismarck City Ordinances authorizes the City Planning Commission to review and approve or disapprove the subdivision of land within its jurisdiction. Section 15.0404 of Article 4 defines “subdivision” as follows:
“The division of a lot, tract or parcel of land into lots for the purpose, whether immediate or future, of sale or of building development, . . . . ‘Subdivision’ includes the resubdivision of one or more lots in a subdivision made and recorded prior to or after the date these regulations are adopted.”
The subdivision regulations of Article 4 further define a “lot” as, “A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or for development.”
A review of the record clearly discloses that Scherr’s action of constructing two du*135plexes, one on the west side of Lot 25 and the other on the remaining part of Lot 25 and the west part of Lot 24, constitutes a subdivision of land as defined in Section 15.0404 of the City Ordinances. After considering the definitions of “lot” and “subdivision” as set forth in Article 4, the district court stated in its memorandum opinion that, “At first blush, the position of the plaintiffs [the Hirsch’s] appears valid.” However, the court then went on to consider several other definitions of the word “lot” as found in Article 2 of the City Ordinances, and, thereafter, concluded that the subdivisión of a lot means the creation, on paper, of a separately identifiable piece of land. This determination totally ignores the definition of subdivision as contained in Article 4, the pertinent regulations which govern the subdivision of land in the City of Bismarck.
Although considerable attention has been given to the distinction between the two specific types of “lots” defined in Article 2 of the City Ordinances, i. e., record lots and zoning lots, the distinction is insignificant and of diminutive importance to the present action. Article 2 specifically governs the subject of zoning in Bismarck and not the subdivision of lands. Section 15.0202 is the definition section of Article 2, and it states at the outset that “[fjor purposes of this article [Article 2] certain words and terms used herein are defined as follows:” [Emphasis added.] The definitions of “record lot” and “zoning lot” as contained in Article 2, therefore, have no application to Article 4, the regulation which governs the subdivision of land. Any reliance upon those two confusing definitions is misplaced.
It indeed has been the policy and practice of Bismarck city officials to allow for the “subdivision” of land without the prior approval of the City Planning Commission. A letter from the city attorney to the city building inspector reveals that the city attorney concluded, without expressing the reasons therefor, that the purchase of additional footage of neighboring lots by landowners, where said lots have already been platted, and recorded, is not a subdivision of the property. He apparently was of the opinion that if a lot complies with all of the relevant zoning requirements, no violation of the subdivision regulations occurred. The record discloses that some city officials have apparently taken this position in order to minimize the administrative burden that might be placed upon the City Planning Commission if required to review and approve or disapprove all “subdivisions” of land when neighboring lots are purchased by the adjoining landowners for whatever purpose. While compliance with the subdivision regulations may impose an administrative burden on the City Planning Commission, that alone is an insufficient reason for the position taken by city officials over the past two decades. If the regulations are unworkable, the regulations, rather than being ignored, should be referred to the City Commission for appropriate amendment. To disregard the pertinent subdivision regulations and continue the present policy will only serve to complicate the situation and result in continued confusion and litigation. What the majority opinion herein does is encourage self-help rather than compliance with administrative processes which are designed to keep neighbors good neighbors by preventing persons from taking precipitous arbitrary ex parte action with indifference. For these reasons, I respectfully dissent from the majority opinion which affirmed the district court’s order granting summary judgment in favor of Scherr.
PAULSON, J., concurs.