NAGEL v. EMMONS COUNTY NORTH DAKOTA WATER RESOURCE DIST.

Civ. No. 900429.

474 N.W.2d 46 (1991)

Alphonse NAGEL, Plaintiff and Appellant, v. EMMONS COUNTY NORTH DAKOTA WATER RESOURCE DISTRICT and Emmons County, North Dakota, by and through its Board of County Commissioners, Defendants and Appellees.

Supreme Court of North Dakota.

July 31, 1991.


Attorney(s) appearing for the Case

Rauleigh D. Robinson, Bismarck, for plaintiff and appellant.

Charles S. Miller, Jr., Fleck, Mather & Strutz, Bismarck, for defendants and appellees.


VANDE WALLE, Justice.

Alphonse Nagel appealed from a judgment of the district court for Emmons County dismissing his complaint in which he sought to enjoin the defendants1 from causing his land to be flooded and to collect money damages for harm to his land from previous flooding. We hold that the County acquired a flowage easement by prescription and we affirm the judgment of the district court...

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