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CITY OF JAMESTOWN v. LEEVERS SUPERMARKETS

Civil Nos. 950328, 950366.

552 N.W.2d 365 (1996)

CITY OF JAMESTOWN, a Municipal Corporation, Plaintiff and Appellee, v. LEEVERS SUPERMARKETS, INC., and J and B Partnership, Defendants and Appellants (Two Cases).

Supreme Court of North Dakota.

July 18, 1996.

Attorney(s) appearing for the Case

Kenneth L. Dalsted, City Attorney, Jamestown, for plaintiff and appellee.

Thomas E. Rutten, of Traynor, Rutten & Traynor, Devils Lake, for defendants and appellants.

SANDSTROM, Justice.

Leevers Supermarkets, Inc. (Leevers), and J and B Partnership (JB) appeal from a judgment granting the City of Jamestown the authority to exercise the power of eminent domain under N.D.C.C. Chapter 32-15 and the Urban Renewal Law, N.D.C.C. Chapter 40-58, to take their interests in commercial property located in downtown Jamestown. Leevers and JB also appeal from a subsequent judgment requiring them to pay the fees and expenses for the City's expert...

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