O'CONNELL v. HJELLE

No. 8299.

143 N.W.2d 251 (1966)

Maurice P. O'CONNELL and Kathleen A. O'Connell, Plaintiffs and Respondents, v. Walter R. HJELLE, State Highway Commissioner for the State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied July 1, 1966.


Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Myron E. Bothun, Sp. Asst. Atty. Gen., Bismarck, for appellant.

Freed, Dynes & Malloy, Dickinson, for respondents.


ERICKSTAD, Judge.

This is an appeal by Walter R. Hjelle, Highway. Commissioner for the State of North Dakota, from a judgment of the District Court of Billings County. It arises out of a condemnation proceeding brought by the State Highway Commissioner, hereafter referred to as the Commissioner, to acquire certain real property for the right of way of Interstate Highway 94.

To acquire possession of the land, the Commissioner offered to purchase certain tracts...

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