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CADY v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 910044.

472 N.W.2d 467 (1991)

Roger CADY, James Bergo and Thomas Jundt, d/b/a Cady, Bergo, Jundt Enterprises, L.N. Fletcher and Roberta Fletcher, and Roger Behm, Plaintiffs, Webber Barlow Stores, Incorporated, Plaintiff and Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION and City of Minot, Defendants and Appellees.

Supreme Court of North Dakota.

June 25, 1991.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellant; argued by Orlin W. Backes. Appearance by Robert A. Wheeler.

Nevin Van de Streek (argued), City Atty. and Sp. Asst. Atty. Gen., Eaton, Van de Streek & Ward, Minot, for defendants and appellees.

ERICKSTAD, Chief Justice.

Webber Barlow Stores, Inc., (Barlow) appeals from the decision of the District Court for the Northwest Judicial District dated January 17, 1991, dismissing Barlow's action against the North Dakota Department of Transportation and the city of Minot (defendants). We reverse and remand.

In the fall of 1978, the new Highway 2 and 52 Bypass (Bypass) was opened in Minot, North Dakota. The section of the Bypass in question runs primarily...

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