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MATTER OF PERSONS

Civ. No. 10262.

334 N.W.2d 471 (1983)

In the Matter of Drainage by James L. PERSONS, Steven A. Goeller, Perry G. Grotberg, and Margaret T. Grotberg, Section 23, the N ½ of the SW ¼ and the SW ¼ of the SW ¼ of Section 24, the N ½ of the NW ¼ and the W ½ of the NE ¼ of Section 26 and the E ½ of the E ½ of Section 26, all in Township 141 North, Range 58 West, Getchell Township, Barnes County, North Dakota.

Supreme Court of North Dakota.

May 16, 1983.

Attorney(s) appearing for the Case

Pancratz, Yuill, Wold, Johnson & Feder, Fargo, for appellants Robert Wittenberg and forty-nine other petitioners; argued by Robert A. Feder, Fargo.

Mikal Simonson, States Atty., Valley City, for appellant Barnes County Water Management Bd.

Sproul, Lenaburg, Fitzner & Walker, Valley City, for appellees; argued by Earl R. Pomeroy, Valley City.

Joseph J. Cichy, Asst. Atty. Gen., North Dakota State Water Com'n, Bismarck, amicus curiae.

PEDERSON, Justice.

This is an appeal by the Barnes County Water Resource District1 and fifty landowners in Barnes County from a judgment of the district court reversing the Water Resource District's decision to close a drain constructed in 1969 by Persons. We affirm.

In 1979 fifty residents of Barnes County petitioned the Barnes County Water Resource District to close the drain, claiming it caused the ground water level to rise...

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