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ARNESON v. CITY OF FARGO

Civ. Nos. 10233, 10249 to 10251.

331 N.W.2d 30 (1983)

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

Supreme Court of North Dakota.

March 3, 1983.

Attorney(s) appearing for the Case

Overboe & Cuffe, West Fargo, for Melvin O. Arneson, Gerhard H. Arneson, Arnold Arneson, Vernon Arneson and Gladys S. Arneson; argued by David A. Overboe, West Fargo.

Solberg, Stewart, Boulger & Miller, Fargo, for City of Fargo; argued by Wayne O. Solberg, Fargo.

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for Cass County Drain Bd.; argued by Duane R. Breitling, Fargo.

Joseph J. Cichy, Asst. Atty. Gen., State Water Com'n, Bismarck, for State Water Com'n.

ERICKSTAD, Chief Justice.

This is an appeal by the City of Fargo, the Cass County Drain Board, and the North Dakota State Water Commission (the Defendants) from a judgment of the District Court of Cass County, entered April 28, 1982, in favor of the plaintiffs (the Arnesons). The Arnesons have filed a cross-appeal asserting that the district court abused its discretion in awarding an inadequate amount of attorney's fees and expert witness fees. We affirm in part,...

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