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STATE EX REL. SPRYNCZYNATYK v. MILLS

Civ. No. 940089.

523 N.W.2d 537 (1994)

STATE of North Dakota ex rel. David SPRYNCZYNATYK, North Dakota State Engineer, Plaintiff and Appellee, v. William R. MILLS, Betty L. Mills, Dakotaville, Inc., a North Dakota Corporation, and River Woods West, Inc., a North Dakota Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

October 27, 1994.

Attorney(s) appearing for the Case

Charles M. Carvell (argued), Asst. Atty. Gen., Bismarck, for plaintiff and appellee.

William R. Mills, pro se.

Sherry Mills Moore (no appearance), Foss & Moore, Bismarck, for defendants and appellants Betty L. Mills, Dakotaville, Inc., and River Woods West, Inc.

NEUMANN, Justice.

William R. Mills, Betty L. Mills, Dakotaville, Inc., and River Woods West, Inc. (Mills) appeal from a partial summary judgment in the State's declaratory judgment action to determine the parties' interests in certain land1 between the ordinary high watermark and the ordinary low watermark (the "shore zone") of the Missouri River. We reverse.

Mills owns the land above the ordinary high watermark of the shore zone...

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