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CITY OF BISMARCK v. THOM

Civ. No. 9362.

261 N.W.2d 640 (1977)

CITY OF BISMARCK, a Municipal Corporation, Plaintiff and Appellant, v. Harley B. THOM and Helen R. Thom, husband and wife, Defendants and Appellees, and Dakota National Bank of Bismarck, a corporation, Defendant.

Supreme Court of North Dakota.

December 19, 1977.

Attorney(s) appearing for the Case

Daniel J. Chapman, Sp. Counsel for the City of Bismarck, Bismarck, for plaintiff and appellant.

Sperry & Schultz, Bismarck, for defendants and appellees; argued by Floyd B. Sperry, Bismarck.

SAND, Justice (on reassignment).

This is an appeal from that portion of the judgment issued by the Burleigh County District Court allowing costs and attorney fees to the landowners in an eminent domain action.

The award was made pursuant to § 32-15-32, North Dakota Century Code, which provides:

"The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking...

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