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CITY OF GRAND FORKS v. HENDERSON

Civ. No. 9805.

297 N.W.2d 450 (1980)

CITY OF GRAND FORKS, a Municipal Corporation, Plaintiff and Appellant, v. Henry G. HENDERSON, Defendant, Vernon A. Christianson; Robert Boyd McKee, and All Persons Unknown Claiming Any Estate or Interest In, or Lien or Encumbrance Upon, the Real Estate Described in the Complaint, Defendants and Appellees.

Supreme Court of North Dakota.

October 7, 1980.

Attorney(s) appearing for the Case

Robert B. Hunter, Grand Forks, for plaintiff and appellant; appeared only on briefs. No personal appearance was made, allegedly because of motor vehicle difficulties on his way to Bismarck.

Feidler & Feidler, Grand Forks, for defendant.

William W. Essling and Thomas M. Quayle, St. Paul, Minn., for defendants and appellees; argued by William W. Essling, St. Paul, Minn.

SAND, Justice.

Henderson moved to dismiss the appeal of the City of Grand Forks on the grounds that the appeal was not filed within the period provided for in Rules 3 and 4 of the North Dakota Rules of Appellate Procedure.

In the basic eminent domain action the jury reached a verdict in the amount of $128,000.00. The judgment for this amount, together with costs and attorney's fees in the amount of $44,569.26, was...

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