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HOGE v. BURLEIGH CTY. WATER MANAGEMENT DIST.

Civ. No. 9948.

311 N.W.2d 23 (1981)

Dennis E. HOGE and James L. Hoge, Plaintiffs and Appellees, v. The BURLEIGH COUNTY WATER MANAGEMENT DISTRICT, a public corporation, Defendant and Appellant.

Supreme Court of North Dakota.

October 9, 1981.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for plaintiffs and appellees; argued by Robert V. Bolinske, Bismarck.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant and appellant; argued by Robert H. Lundberg, Bismarck.

Michael A. Dwyer, Asst. Atty. Gen., North Dakota State Water Commission, Bismarck, amicus curiae.

ERICKSTAD, Chief Justice.

The Burleigh County Water Management District (Water Management District) has appealed to this court from a judgment of the District Court of Burleigh County. The district court ordered the Water Management District to pay damages, including attorneys' fees, in the amount of $14,293.48 to Dennis E. and James L. Hoge (Hoges) for damages to their property which resulted from flood water in April 1979, and the design and construction of the...

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