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BURLEIGH COUNTY WATER RESOURCE DIST. v. BURLEIGH COUNTY

Civ. No. 930184.

510 N.W.2d 624 (1994)

BURLEIGH COUNTY WATER RESOURCE DISTRICT; United Sportsmen of North Dakota, Bismarck Chapter; Bis-Man Reel & Rec. Club, Inc.; Arthur C. Bauer; Victor Gibbins, Appellants, v. BURLEIGH COUNTY OF NORTH DAKOTA, a political subdivision of the State of North Dakota, Respondent and Appellee, v. DuWayne TERNES and Sharon Ternes, Intervenors.

Supreme Court of North Dakota.

January 10, 1994.

Attorney(s) appearing for the Case

Saefke Law Office, Bismarck, for appellants; argued by Frederick E. Saefke, Jr.

Bruce B. Haskell (argued), Asst. State's Atty., Bismarck, for respondent and appellee.

MESCHKE, Justice.

The Burleigh County Water Resource District, two recreational organizations, and two interested individuals (collectively, the WRD) appeal a district court judgment affirming the Burleigh County board of commissioners refusal to take action for removal of an existing encroachment along a section line. We affirm.

DuWayne and Sharon Ternes purchased a home and later discovered it extended at least...

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