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GRAND FORKS-TRAILL WATER USERS v. HJELLE

Civ. No. 870035.

413 N.W.2d 344 (1987)

GRAND FORKS-TRAILL WATER USERS, INC., Plaintiff and Appellee, v. Walter R. HJELLE, North Dakota State Highway Commissioner, Defendant and Appellant.

Supreme Court of North Dakota.

September 29, 1987.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiff and appellee; argued by John D. Kelly.

Steven F. Lamb, Asst. Atty. Gen., N.D. State Highway Dept., Bismarck, for defendant and appellant.

ERICKSTAD, Chief Justice.

Walter R. Hjelle, North Dakota State Highway Commissioner (Commissioner), appealed from a district court judgment awarding Grand Forks—Traill Water Users, Inc. (Traill), compensation, attorney fees, and costs in its action for damages for relocating a water line. We reverse.

In 1971 and 1972 Traill obtained easements from private landowners to construct a water line parallel to State Highway 18 near Hatton, North Dakota. The...

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