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S.E. CASS WATER RES. DIST. v. BURLINGTON NORTHERN RAILROAD CO.

Civ. No. 940106.

527 N.W.2d 884 (1995)

SOUTHEAST CASS WATER RESOURCE DISTRICT, a political subdivision of the State of North Dakota, Plaintiff and Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

February 8, 1995.

Attorney(s) appearing for the Case

Steven E. McCullough, Ohnstad Twichell, West Fargo, for plaintiff and appellee.

Daniel J. Crothers, Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellant.

Julie Ann Krenz, Asst. Atty. Gen., Atty. General's Office, Bismarck, for amicus curiae, State of N.D. Submitted on brief.

MESCHKE, Justice.

Burlington Northern Railroad Company (BN Railroad) appeals from a summary judgment declaring it responsible for the costs of necessary modifications to its bridges and culverts to accommodate drainage improvements directed by the Southeast Cass Water Resource District (District) for Cass County Drain 45. We conclude that NDCC 61-16.1-42 constitutionally places upon BN Railroad the continuing responsibility for the costs of accommodating its track...

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