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BRENNA v. HJELLE

Civ. No. 8474.

161 N.W.2d 356 (1968)

Ed BRENNA, Henry Shane, and William Block, as the Commissioners of the Grand Forks County Drainage Board, Plaintiffs and Respondents, v. Walter R. HJELLE, as the Commissioner of the North Dakota State Highway Department, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 15, 1968.

Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for plaintiffs and respondents.

Helgi Johanneson, Atty. Gen., and Vernon R. Pederson, Special Asst. Atty. Gen., Bismarck, for defendant and appellant.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, amicus curiae.

STRUTZ, Justice, on reassignment.

The Board of Drainage Commissioners of Grand Forks County established Grand Forks County Drain No. 13a in Levant Township, Grand Forks County. The drainage ditch, as laid out, crossed U. S. Highway No. 81. The State Highway Department was notified that it was necessary to install a bridge or culvert where the drain crosses the highway, but the Highway Department refused to provide such bridge or culvert on the ground that Section...

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