UNITED POWER ASS'N v. MOXNESS

Civ. No. 9449.

267 N.W.2d 814 (1978)

UNITED POWER ASSOCIATION and Cooperative Power Association, Plaintiffs, Appellants and Cross-Appellees, v. Edward MOXNESS, Inez Moxness, Willard J. Schroeder, Alva N. Schroeder, Clemens C. Buck, Amanda B. Buck, Marian L. Clarey, Charles E. Prochnow, Helen E. Prochnow and Peggy Prochnow, Lester H. Wetherbee, Myrtle Wetherbee, John A. Sauter, Lois V. Sauter, Helen A. Healy, and Howard Healy, Defendants and Appellees, Adolph Jelinek and Germaine Jelinek, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

As Amended July 12, 1978.


Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs, appellants and cross-appellees; argued by John D. Kelly, Fargo.

Joseph A. Vogel, Jr., Mandan, Baer, Asbridge & Robb, and Christensen & Thompson, Bismarck, for defendants, appellees and cross-appellants; argued by Joseph A. Vogel, Jr., Mandan.


PEDERSON, Justice.

The appeal and cross-appeal from part of an order in an eminent domain proceeding (a consolidation of separate suits from Sargent and Richland Counties) involve awards of costs, fees (including attorney fees), and expenses to landowners (§§ 32-15-32 and 32-15-35, NDCC). Sums awarded as appraisal fees are not challenged. We reverse and remand for further proceedings.

The events which bear upon the principal dispute here are as follows...

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