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UNITED POWER ASS'N v. HELEY

Civ. No. 9479.

277 N.W.2d 262 (1979)

UNITED POWER ASSOCIATION and Cooperative Power Association, Plaintiffs and Appellees, v. Harvey J. HELEY, Shirley Heley, Raymond Jelinek and Mary Ann Jelinek, Defendants and Appellants, and Kenneth Theodore Frolek, Dexter Township, Richland County, Liberty Grove Township, R.S.R. Electric Cooperative, Inc., Lincoln State Bank, Hankinson, North Dakota, Dome Pipeline Corporation, State of North Dakota, United States of America acting through the Farmers Home Administration, U.S. Department of Agriculture, Anastasia C. Kaiser, Dwaine C. Kaiser, Farimont Township, Federal Land Bank of St. Paul, Claire J. Hermes and Evelyn C. Hermes, Defendants.

Supreme Court of North Dakota.

As Modified On Denial of Rehearing April 4, 1979.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, and Ryan & Ryan, Aitkin, Minn., for plaintiffs and appellees; argued by John D. Kelly, Fargo.

Jos. A. Vogel, Jr., Mandan, for defendants and appellants.

SAND, Justice.

Defendants appealed from the judgment in an eminent domain action before the Third Judicial District Court, Richland County. As error, defendants asserted the refusal of the district court to allow evidence of consequential damages to their property resulting from the placement of power transmission towers and lines on abutting property.

Raymond and Mary Ann Jelinek [Jelineks] and Harvey and Shirley Heley [Heleys] are the appellants in this...

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