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HUBER v. OLIVER COUNTY

Civ. No. 940346.

529 N.W.2d 179 (1995)

Lloyd T. and Emma HUBER, Plaintiffs and Appellants, v. OLIVER COUNTY, Defendant and Appellee.

Supreme Court of North Dakota.

February 28, 1995.

Attorney(s) appearing for the Case

Albert A. Wolf (argued), Wheeler Wolf, and Webster & Engel, Bismarck, for plaintiffs and appellants; appearance by Melissa Hauer.

Charles S. Miller, Jr. (argued), Fleck, Mather & Strutz, Bismarck, for defendant and appellee.

NEUMANN, Justice.

This is an appeal from summary judgment in favor of Oliver County. We affirm in part, reverse in part, and remand for further proceedings.

This dispute centers on a 1961 contract between Lloyd and Emma Huber and Oliver County. The contract grants a provisional qualified easement across the Hubers' land to construct a farm-to-market road. The easement allowed the County to build the road entirely on the Hubers' land rather than building it...

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