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LARSON v. WELLS COUNTY WATER RESOURCE BD.

Civ. No. 11035.

385 N.W.2d 480 (1986)

Kermit LARSON, Dolores Larson, Wesley Boese, Irvin Boese, Melvin Solberg, Arthur Solberg, Gilmer Solberg, Al Dietz, Arden Georgeson, Ray Larson, Tillie Nelson, Everett Johnson, and the Heimdal Township Board, a public corporation, Plaintiffs and Appellants, v. WELLS COUNTY WATER RESOURCE BOARD, a public body, Defendant and Appellee.

Supreme Court of North Dakota.

April 10, 1986.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiffs and appellants; argued by Daniel J. Chapman.

Dwyer & Klemin, Bismarck, for defendant and appellee; argued by Michael Dwyer.

LEVINE, Justice.

Twelve downstream landowners and the Heimdal Township Board [hereinafter collectively referred to as appellants] appeal from a district court judgment affirming a Wells County Water Resource Board [Board] decision approving a drain permit for the Heimdal Drain Project. We affirm.

In December 1979, several landowners petitioned the Board to establish the Heimdal Drain Project as an assessment drain pursuant to Section 61-21-10, North Dakota...

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