WALLEGHAM v. THOMPSON

Civ. Nos. 8659, 8660.

185 N.W.2d 649 (1971)

Hector WALLEGHAM, First National Bank in Grand Forks, as Executor of the Estate of Arthur Flecton, deceased, Howard Bellamy, Howard Tisdale, Melvin Juhl, John Stellon, Marcus Stellon, Alex Peil, Don Halcrow, John Halcrow, Fern Christenson and Oscar Unke, Appellants, v. Edward THOMPSON, Robert Howell, and Leo Laxdahl, as the duly appointed, qualified and acting Commissioners of the Water Management Board of Pembina County, North Dakota, Respondents. Herman SELLHEIM, Anton Hartje, John Unke, Arthur Puppe, Bernard Unke, Edward Redman, Ernest Boru, Byron Busse, and Oscar Unke, Appellants, v. Edward THOMPSON, Robert Howell and Leo Laxdahl, as the duly appointed, qualified and acting Commissioners of the Water Management Board of Pembina County, North Dakota, Respondents.

Supreme Court of North Dakota.

April 8, 1971.


Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, for appellants.

DePuy, Fair & O'Connor, Grafton, for respondents.


COYNE, District Judge.

These two cases based upon the same facts and involving the same issues of law were consolidated by the trial court and will be considered here without differentiation.

On March 23, 1966, a petition for the establishment of a drain was filed with the Pembina County Water Management Board, whose commissioners are the respondents herein. The appellants are landowners within the district who opposed the establishment of the drain. The trial...

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