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SAETZ v. HEISER

Civ. No. 9181.

240 N.W.2d 67 (1976)

Frank SAETZ, Sr., Plaintiff and Appellant, v. Andrew M. HEISER et al., Defendants and Appellees.

Supreme Court of North Dakota.

March 26, 1976.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for appellant; argued by Ward M. Kirby, Dickinson.

Freed, Dynes, Malloy & Reichert, Dickinson, for appellees Heiser and Dvorak; Marshall T. Bergerud, Killdeer, for appellees Ferebee, Kussy and Klee; argued by Marshall T. Bergerud, Killdeer.

PEDERSON, Judge.

Appellant Saetz owns Section 27-142-96 in Dunn County. He claims that his principal access to this property is over a section line right-of-way between Sections 33 and 34 lying south and southwest of Section 27. Appellees Heiser and Dvorak are the owners of land in Sections 33 and 34, and appellees Ferebee, Kussy and Klee are members of the board of county commissioners of Dunn County.

In March 1974 Saetz sued because the Dunn County board...

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