SCHNAIBLE v. CITY OF BISMARCK

Civ. No. 9516.

275 N.W.2d 859 (1979)

Fred SCHNAIBLE, d. b. a. Mr. Nifty One-Hour Cleaners and Louis H. Long, President of Mars One-Hour Cleaners, Plaintiffs and Appellants, v. CITY OF BISMARCK and Walter R. Hjelle, State Highway Commissioner for the State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

February 1, 1979.


Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiffs and appellants; argued by Lawrence A. Dopson, Mandan.

Peter S. Pantaleo, Sp. Asst. Atty. Gen., Bismarck, for defendants and appellees.


SAND, Justice.

This case presents an issue of first impression before this court as to the compensability of trade fixtures removed by a tenant in a condemnation action. Fred Schnaible appealed from a partial summary judgment of the Burleigh County District Court denying him compensation for dry cleaning equipment he owned in connection with a business located on property condemned by the North Dakota Highway Commissioner. The district court stated that by removing...

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