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LEE v. NORTH DAKOTA PARK SERVICE

Civ. No. 9336.

262 N.W.2d 467 (1978)

Eugene P. LEE and Delores Lee, Plaintiffs, Appellees and Cross-Appellants, v. NORTH DAKOTA PARK SERVICE, an agency of the State of North Dakota, Defendant, Appellant and Cross-Appellee, and Garrison Park District, a Municipal Governmental Corporation of Garrison, McLean County, North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 11, 1978.

Attorney(s) appearing for the Case

John E. Adams, Asst. Atty. Gen., Bismarck, for defendant, appellant and cross-appellee.

Waldron, Kenner & Halvorson, Minot, for plaintiffs, appellees and cross-appellants; argued by Harris P. Kenner, Minot.

SAND, Justice.

The North Dakota [State] Park Service (hereinafter Park Service) appealed from an adverse judgment issued by the District Court of McLean County awarding $9,310.00 as damages to Eugene P. Lee and Delores Lee (hereinafter Lee) for inverse condemnation resulting from the removal of a roadway in the park. Lee cross-appealed.

A brief historical background will be helpful in the resolution of the basic issue involved.

The United States acquired...

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