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BARNES COUNTY v. GARRISON DIVERSION, ETC.

Civ. No. 9926.

312 N.W.2d 20 (1981)

BARNES COUNTY, North Dakota, a municipal corporation, Plaintiff and Appellee, v. GARRISON DIVERSION CONSERVANCY DISTRICT, Defendant and Appellant.

Supreme Court of North Dakota.

October 30, 1981.

Attorney(s) appearing for the Case

Mikal Simonson, State's Atty., Valley City, for plaintiff and appellee.

Zuger & Bucklin, Bismarck, and Michael Dwyer, Asst. Atty. Gen., State Water Commission, Bismarck, for defendant and appellant; argued by Murray G. Sagsveen, Bismarck.

PEDERSON, Justice.

The ultimate question presented in this case involves the extent to which administrative decisions made by administrative agencies established for that purpose may be transferred through an appeal procedure to the judiciary. We conclude that the principle of separation of powers requires that statutes authorizing judicial review of administrative determinations be so construed that the judiciary's role will be limited always to a review, judicial...

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