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WELLS COUNTY WATER RES. DIST. v. SOLBERG

Civ. No. 880275.

434 N.W.2d 577 (1989)

WELLS COUNTY WATER RESOURCE DISTRICT, Plaintiff and Appellee, v. Malvin SOLBERG, Delores Larson, Verna and LaVerne Johnson, and John A. Rogness, Defendants and Appellants.

Supreme Court of North Dakota.

January 16, 1989.

Attorney(s) appearing for the Case

Michael A. Dwyer (argued), Bismarck, for plaintiff and appellee.

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

MESCHKE, Justice.

We hold that an order upholding the public necessity of taking flowage easements in a condemnation suit is not final and, therefore, not appealable without NDRCivP 54(b) action by the trial court. Accordingly, we dismiss this appeal.

Since 1979, the Wells County Water Resource District has been developing the Heimdal Drain Project. In Larson v. Wells County Water Resource Board, ...

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