FARGO, N.D. – The Fargo City Commission is set to discuss whether or not to go to mediation over a pair of land annexation issues.
At its meeting Monday night, the Commission will continue its conversation on what’s known as the east and west halves of Section 3 in Reed Township. The west half is land owned by Applied Digital, while the east half is owned by Fercho Properties.
West half annexation
Both the property owner, Applied Digital, and a neighboring city, the City of Harwood, have formally protested the annexation attempt by the City of Fargo.
Applied Digital filed their protest in September.
In their letter, they state that the City of Harwood ‘does not consent’ to the annexation.
“We hope the City of Fargo will stop its pursuit of the annexation,” Mark Chavez, General Counsel and Chief Compliance Officer for Applied Digital, wrote in a letter to the City of Fargo’s Jim Gilmour.
Further, he says, if Fargo does not stop its pursuit, Applied Digital ‘will await information regarding the mediator appointed by Governor Armstrong.’
In an October 8 letter from Harwood mayor Blake Hankey, the City of Harwood announced the non-consent mentioned by Chavez. It also further notes that Harwood ‘will not permit the de-annexation, disconnection or exclusion of property located within the City of Harwood’s city limits.’
East half annexation
The east half that is in question is owned by Fercho Properties, LLP, of Fargo.
“As owners of 100 percent of the territory proposed to be annexed are protesting with this letter,” William Fercho, Managing General Partner of Fercho Properties, wrote.
Similar to Applied Digital, they ask the City of Fargo to stop their processes, and, if not, will await the appointment of a mediator by the Governor.
City of Fargo’s recommendation
The City of Fargo, through Gilmour, recommends to the Fargo City Commission that the issues be submitted to a committee for mediation.
North Dakota’s Century Code allows, and sets up a method, for mediation.



