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HEINSOHN v. WILLIAM CLAIRMONT, INC.

Civ. No. 10291.

333 N.W.2d 697 (1983)

Harlan HEINSOHN, Plaintiff and Appellant, v. WILLIAM CLAIRMONT, INC., a North Dakota corporation, Defendant and Appellee.

Supreme Court of North Dakota.

April 21, 1983.

Attorney(s) appearing for the Case

William C. Kelsch (argued), of Kelsch, Kelsch, Bennett, Ruff & Austin, Mandan, for plaintiff and appellant.

James P. Rausch, of Rausch & Rausch, Bismarck, and Patrick A. Conmy (argued), of Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant and appellee.

PAULSON, Justice.

Harlan Heinsohn [Heinsohn] appeals from a summary judgment granted on July 7, 1982, to William Clairmont, Inc. [Clairmont] by the District Court of Burleigh County dismissing with prejudice Heinsohn's claim for relief. We reverse and remand.

In April 1978, Clairmont, as the owner and developer, filed with the Burleigh County Register of Deeds a plat for "Country West II", a new addition to the City of Bismarck. On August 4, 1978, Clairmont...

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