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OLSON v. CASS COUNTY

Civ. No. 9283.

253 N.W.2d 179 (1977)

Lyle R. OLSON et al., Plaintiffs and Appellants, v. CASS COUNTY, a Public Corporation, et al., Defendants and Appellees.

Supreme Court of North Dakota.

April 28, 1977.

Attorney(s) appearing for the Case

Herman F. Wegner, of Wegner, Fraase & Cooke, Fargo, for plaintiffs and appellants.

Mervin D. Nordeng, State's Atty., Fargo, for defendants and appellees.

VOGEL, Justice.

This is an appeal by Lyle R. Olson, Jens E. Bale, and Norma Olson, plaintiffs, from a judgment for Cass County, its Board of County Commissioners, and its Road Superintendent. The plaintiffs sued for declaratory and injunctive relief from the County's proposed installation of a particular culvert. The County moved for judgment on the pleadings, and the motion was granted on the ground that a statutory appeal had not been perfected.

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