KENNER v. CITY OF MINOT

Nos. 7830-7833.

98 N.W.2d 901 (1959)

Harris P. KENNER, Plaintiff and Respondent, v. CITY OF MINOT, Defendant and Appellant. Rex OSTER and Marjorie Oster, Plaintiffs and Respondents, v. CITY OF MINOT, Defendant and Appellant. Dwight MILLER and Lydia Miller, Plaintiffs and Respondents, v. CITY OF MINOT, Defendant and Appellant. Arthur VANNATTER and Agnes Vannatter, Plaintiffs and Respondents, v. CITY OF MINOT, Defendant and Appellant.

Supreme Court of North Dakota.

October 29, 1959.


Attorney(s) appearing for the Case

McGee, Van Sickle & Schultz, Minot, for plaintiffs and respondents.

Bosard, McCutcheon & Coyne, Minot, for defendant and appellant.


STRUTZ, Judge.

This appeal involves four actions against the City of Minot by property owners for damages alleged to have resulted from a change in the natural and established grade of First Street, Southeast, north of Sixteenth Avenue, Southeast, in the city of Minot.

The plaintiffs Oster are the owners of the north 63 feet of the west 117 feet of Lot 6;

The plaintiff Kenner is the owner of the south 63 feet of the west 117 feet of Lot 6;

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