APPLICATION OF NEBRASKA PUBLIC POWER DIST.

Civ. No. 10263.

330 N.W.2d 143 (1983)

In the Matter of the Application of NEBRASKA PUBLIC POWER DISTRICT FOR A CERTIFICATE OF CORRIDOR COMPATIBILITY FOR A 500 KV AC ELECTRIC TRANSMISSION FACILITY EXTENDING FROM the CANADIAN BORDER NEAR CAVALIER, NORTH DAKOTA TO the SOUTH DAKOTA BORDER NEAR FORMAN, NORTH DAKOTA.

Supreme Court of North Dakota.

February 7, 1983.


Attorney(s) appearing for the Case

Kelsch, Kelsch, Bennett, Ruff & Austin, Sp. Asst. Attys. Gen., Mandan and Ray Walton, Commerce Counsel, PSC, Bismarck, for PSC; argued by Thomas F. Kelsch, Bismarck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, and Crowell & Moring, Washington, D.C. and Gene D. Watson, Gen. Counsel, Nebraska Public Power Dist. Columbus, Neb., for Nebraska Public Power Dist., argued by John D. Kelly, Fargo.

Conmy, Feste, Bossart, Hubbard & Corwin, Fargo, and Hodny, Burke & Rice, Grafton, for aggrieved landowners-appellants; argued by David R. Bossart, Fargo.


PEDERSON, Justice.

This is an appeal by aggrieved landowners1 from a judgment which affirmed a Public Service Commission (PSC) decision granting the Nebraska Public Power District (NPPD) a certificate of corridor compatibility for a 500 kilovolt electric transmission line in eastern North Dakota, commonly known as the MANDAN line, which extends from the Canadian border to the South Dakota border. We affirm.

I. FACTS

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