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ARNESON v. CITY OF FARGO

Civ. No. 9895.

303 N.W.2d 515 (1981)

Melvin O. ARNESON, Gerhard H. Arneson, Arnold Arneson, Vernon Arneson and Gladys S. Arneson, Plaintiffs and Appellants, v. CITY OF FARGO; Cass County Drain Board, a subdivision of the County of Cass, State of North Dakota; North Dakota State Water Commission; Southeast Cass Water Management Board, Defendants and Appellees.

Supreme Court of North Dakota.

March 12, 1981.

Attorney(s) appearing for the Case

Overboe & Reiten, West Fargo, for plaintiffs and appellants; argued by David A. Overboe, West Fargo.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for defendant and appellee City of Fargo; argued by W. Todd Haggart, Fargo.

Paul E. Grinnell, Moorhead, Minn., and Harold Halgrimson, Fargo, for defendants and appellees, Cass County Drain Bd. and Southeast Cass Water Management Bd.

PAULSON, Justice.

Melvin O. Arneson, Gerhard H. Arneson, Arnold Arneson, Vernon Arneson, and Gladys S. Arneson [plaintiffs] appeal from an order issued by the District Court of Cass County on August 11, 1980, which order vacated the denial of the City of Fargo's motion for summary judgment and issued a summary judgment in favor of the City. We reverse and remand.

The plaintiffs own land in Cass County which bears the following legal description:

The...

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