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McKENZIE COUNTY v. REICHMAN

No. 20110037.

812 N.W.2d 332 (2012)

2012 ND 20

McKENZIE COUNTY, a North Dakota Municipality, Plaintiff and Appellee, v. Deborah REICHMAN a/k/a Deborah Stonecipher, Defendant and Appellant.

Supreme Court of North Dakota.

January 24, 2012.

Attorney(s) appearing for the Case

Harry Malcolm Pippin (argued), Williston, N.D., and Adam Daniel Wogsland (on brief), Fargo, N.D., for plaintiff and appellee.

Monte Lane Rogneby , Bismarck, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Deborah Reichman appealed from a judgment granting McKenzie County a prescriptive easement for a road that crosses her land and ranch headquarters in McKenzie County and dismissing her counterclaim for inverse condemnation. We conclude the district court did not clearly err in finding an adverse public use of the road for the prescriptive period. We affirm the court's formal declaration for a prescriptive road, but we remand...

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