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BOYLAN v. BOARD OF COUNTY COM'RS OF CASS COUNTY

No. 7857.

105 N.W.2d 329 (1960)

Thomas BOYLAN, Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CASS COUNTY, North Dakota, North Dakota State Highway Department, and A. W. Wentz, Defendants and Respondents.

Supreme Court of North Dakota.

October 3, 1960.

Attorney(s) appearing for the Case

Ohnstad, Twichell & Maxwell, West Fargo, for plaintiff and appellant.

Leslie R. Burgum, Atty. Gen., and Francis Breidenbach, Asst. Atty. Gen., for defendants and respondents.

BURKE, Judge.

This is a proceeding instituted, pursuant to the provisions of Chapter 24-01, 1957 Supp. NDRC 1943, to acquire land for highway purposes. The tract of land belonging to the appellant comprised 8.66 acres which were needed for right of way for Interstate Highway 94 and the location of an interchange thereon. The Board of County Commissioners of Cass County, after due notice and hearing, determined that appellant's damages, as a result of the taking of...

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