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MINOT SAND & GRAVEL CO. v. HJELLE

No. 9062.

231 N.W.2d 716 (1975)

MINOT SAND AND GRAVEL COMPANY, a corporation, Plaintiff-Appellant, v. Walter R. HJELLE, Highway Commissioner of the State of North Dakota, and State of North Dakota, Defendants-Appellees.

Supreme Court of North Dakota.

July 9, 1975.

Attorney(s) appearing for the Case

Bosard, McCutcheon, Kerian, Schmidt & Holum by E. Hugh McCutcheon, Minot, for plaintiff-appellant.

Norbert H. Lange, Sp. Asst. Atty. Gen., State Highway Dept., Bismarck, for defendants-appellees.

SAND, Judge.

The landowner appealed to this court from a Ward County district court judgment1 in a condemnation action and from denial of motion for a new trial.

The appellant landowner, Minot Sand and Gravel Company [hereinafter landowner], owns and works large open gravel pits located just west of the city limits of Minot, North Dakota. The landowner has been extracting commercially saleable sand, rock, and gravel [hereinafter...

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