UNDLIN v. CITY OF SURREY

Civ. No. 9408.

262 N.W.2d 742 (1978)

Monica UNDLIN, Plaintiff and Appellant, v. CITY OF SURREY, North Dakota, a Municipal Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

February 16, 1978.


Attorney(s) appearing for the Case

Palda & Slorby, Minot, for plaintiff and appellant; argued by Robert W. Palda, Minot.

McGee, Hankla, Backes & Wheeler, and Anderson, Tossett & Berning, Minot, for defendant and appellee; argued by Robert A. Wheeler, Minot.


PEDERSON, Justice.

This is an appeal by Monica Undlin from an order granting a motion for a directed verdict, made by the City of Surrey at the conclusion of the case of the plaintiff. Undlin sought to recover damages, under a theory of inverse condemnation,1 for the loss of the use of a water well. We reverse.

The facts, for purposes of this appeal, are deemed to be not controverted and are viewed from a position most favorable...

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