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BAHMILLER v. DIETZ

Civ. No. 870287.

420 N.W.2d 3 (1988)

Gary A. BAHMILLER and Cody K. Bahmiller, husband and wife, Plaintiffs and Appellees, v. James E. DIETZ, Defendant and Appellant.

Supreme Court of North Dakota.

February 25, 1988.

Attorney(s) appearing for the Case

William C. Severin, Bismarck, for plaintiffs and appellees.

John M. Olson, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

James Dietz appealed from a summary judgment for Gary and Cody Bahmiller in their action seeking a declaratory judgment that an easement described on a plat provided access to the Bahmillers' property. We reverse and remand.

Dietz and the Bahmillers are owners of adjoining land near Bismarck, North Dakota. The Bahmillers purchased their property, consisting of Lot 1 of Strothman's First Addition and the West 14.7 feet of Lot 1 of Midgette...

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