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CITY OF WILLISTON v. BEEDE

Civ. No. 9737-A.

289 N.W.2d 235 (1980)

CITY OF WILLISTON, Petitioner, v. William M. BEEDE, District Judge in and for the County of Williams, State of North Dakota and the Northwest Judicial District, and George R. Borsheim and Violet O. Borsheim, Respondents.

Supreme Court of North Dakota.

February 28, 1980.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, and John H. MacMaster, City Atty., Williston, for petitioner; argued by Daniel J. Chapman, Bismarck.

Bjella, Neff, Rathert & Wahl, Williston, for respondents George R. and Violet O. Borsheim; argued by Paul W. Jacobson, Williston.

SAND, Justice.

In an original proceeding the City of Williston petitioned this court to exercise its superintending power and issue a writ to the District Court of Williams County, directing that the stay order dated 2 January 1980 be vacated, and that proceedings be taken to determine the compensation to be paid for the taking of the property.

These proceedings arose out of an eminent domain action wherein the City of Williston sought a fee simple of certain...

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