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FINSTAD v. RANSOM-SARGENT WATER USERS, INC.

No. 20110142.

812 N.W.2d 323 (2011)

2011 ND 215

John N. FINSTAD and Lori L. Finstad, Plaintiffs and Appellants v. RANSOM-SARGENT WATER USERS, INC., and/or Ransom-Sargent Water Users District, and/or Southeast Water Users District, and/or Southeast Water Users, and Jay Anderson, Scott Johnson, Don Lloyd, Don Smith, Larry Schultz and Patsy Storhoff, Defendants and Appellees.

Supreme Court of North Dakota.

November 15, 2011.

Attorney(s) appearing for the Case

Bruce A Schoenwald , Moorhead, MN, for plaintiffs and appellants.

Michael T. Andrews , Fargo, ND, for defendants and appellees.

VANDE WALLE, Chief Justice.

[¶ 1] John and Lori Finstad appealed from a district court judgment which granted summary judgment in favor of Ransom-Sargent Water Users, Inc., n/k/a Southeast Water Users District, and its board members (collectively, "Water District"), and dismissed their complaint. We conclude the district court erred in applying the three-year statute of limitations of N.D.C.C. § 32-12.1-10 to the Finstads' contract claims, and genuine issues...

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