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CITY OF MINOT v. JOHNSTON

Civ. No. 10950.

379 N.W.2d 275 (1985)

CITY OF MINOT, a municipal corporation and political subdivision of the State of North Dakota, Plaintiff and Appellee, v. Clifford W. JOHNSTON and Joan M. Johnston, Defendants and Appellants.

Supreme Court of North Dakota.

December 18, 1985.

Attorney(s) appearing for the Case

Nevin Van de Streek, City Atty., Minot, for plaintiff and appellee.

Ella Van Berkom, Minot, for defendants and appellants.

ERICKSTAD, Chief Justice.

Clifford and Joan Johnston (Johnston) appeal from a district court judgment ordering removal of a fence constructed on a flood protection dike in Minot and dismissing Johnston's counterclaim for damages and for the abatement of a nuisance. We affirm.

In 1981, Johnston purchased residential property upon which a flood protection dike had been constructed. A previous owner of the property had granted the Ward

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