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JOHNSON v. WELLS CTY. WATER RESOURCE BD.

Civ. No. 11355.

410 N.W.2d 525 (1987)

Everett JOHNSON, Kermit Larson, Delores Larson, and the Heimdal Township Board, a corporation, Plaintiffs and Appellants, v. WELLS COUNTY WATER RESOURCE BOARD, a public body, Defendant and Appellee.

Supreme Court of North Dakota.

August 12, 1987.

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 A. Dwyer.

LEVINE, Justice.

Everett Johnson, Kermit Larson, Delores Larson, and the Heimdahl Township Board [hereinafter collectively referred to as appellants] appeal from a summary judgment authorizing the Wells County Water Resource Board [Board] to seek flowage easements pursuant to the "quick take" provision of Art. I, § 16, N.D. Const. We reverse.

In Larson v. Wells County Water Resource Board, 385 N.W.2d 480 (N.D...

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