FERGUSON v. HJELLE

Civ. No. 8646.

180 N.W.2d 408 (1970)

Clara B. FERGUSON, Plaintiff and Respondent, v. Walter R. HJELLE, as North Dakota State Highway Commissioner, and the North Dakota State Highway Department, Defendants and Appellants.

Supreme Court of North Dakota.

September 21, 1970.


Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Myron E. Bothun, Special Asst. Atty. Gen., Bismarck, for appellants.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for respondent.


ERICKSTAD, Judge.

Walter R. Hjelle, as the North Dakota Highway Commissioner, and the North Dakota State Highway Department appeal from the order of the district court of Traill County, dated July 18, 1969, which granted a new trial to Clara B. Ferguson, a landowner, in an eminent domain proceeding. We shall hereinafter refer to the latter-named person as Mrs. Ferguson and to the former-named parties as the Commissioner.

The pertinent part of the order granting...

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