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TORMASCHY v. HJELLE

Civ. No. 8884.

210 N.W.2d 100 (1973)

Ernest TORMASCHY and Elaine Tormaschy, Plaintiffs and Appellees, v. Walter R. HJELLE, State Highway Commissioner for the State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

August 13, 1973.

Attorney(s) appearing for the Case

Vernon R. Pederson, Sp. Asst. Atty. Gen., N. D., State Highway Dept., Bismarck, for defendant and appellant.

No appearance by appellees.

ERICKSTAD, Chief Justice.

The defendant, North Dakota State Highway Commissioner, appeals from a judgment of the district court of Stark County which permanently enjoins him from taking certain lands of the plaintiffs, Ernest and Elaine Tormaschy, under the quick-take provision of Section 14 of the North Dakota Constitution.

Section 14 reads:

"Private property shall not be taken or damaged for public use without just compensation having been first...

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