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McLEAN COUNTY COMM'RS v. PETERSON EXCAVATING

Civ. No. 11274.

406 N.W.2d 674 (1987)

BOARD OF COUNTY COMMISSIONERS, McLEAN COUNTY, North Dakota, Plaintiff and Appellee, v. PETERSON EXCAVATING, INC., Defendant and Appellant.

Supreme Court of North Dakota.

May 28, 1987.

Attorney(s) appearing for the Case

Merle A. Torkelson, State's Atty., Washburn, for plaintiff and appellee.

Gary H. Lee, of Bosard, McCutcheon & Rau, Minot, for defendant and appellant.

VANDE WALLE, Justice.

Peterson Excavating, Inc. (Peterson), has appealed from a judgment in favor of the Board of County Commissioners, McLean County (the County), for damages for repairing a paved highway injured by Peterson. We affirm.

The County paved County Highway 15 between Garrison and Lake Sakakawea in 1966. The County repaired the highway when needed and performed routine maintenance consisting of yearly sealing of "alligatored" areas and surface...

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