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BOEHM v. BACKES

Civ. No. 920053.

493 N.W.2d 671 (1992)

Alice BOEHM, Plaintiff, Anton Boehm and Todd Boehm, Plaintiffs and Appellants, v. Richard J. BACKES, Commissioner, North Dakota Department of Transportation, Defendant and Appellee.

Supreme Court of North Dakota.

December 14, 1992.

Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiffs and appellants Anton Boehm and Todd Boehm; argued by Jos. A. Vogel, Mandan.

Michele G. Johnson (argued), Asst. Atty. Gen., Atty. Gen.'s Office, Bismarck, for defendant and appellee.

MESCHKE, Justice.

Anton and Todd Boehm appeal from a judgment dismissing their inverse condemnation claim against the North Dakota State Highway Department. The trial court ruled that the Department's construction of an overpass that converted the street in front of the Boehms' property into a cul-de-sac by closing off direct access to their business from the nearby highway was not a taking. We reverse and remand.

Since 1984, the Boehms have operated a 24...

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