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CITY OF MEDORA v. GOLBERG

Civil No. 970066.

569 N.W.2d 257 (1997)

1997 ND 190

CITY OF MEDORA, North Dakota, a Municipal Corporation, Plaintiff and Appellee, v. Gerald GOLBERG, Betty Golberg and Mary Schneider, Defendants and Appellants.

Supreme Court of North Dakota.

September 30, 1997.

Attorney(s) appearing for the Case

Ronald A. Reichert (argued), of Reichert & Herauf, P.C., Dickinson, for plaintiff and appellee.

Michael J. Maus (argued), of Howe, Hardy, Galloway & Maus, Dickinson, for defendants and appellants.

NEUMANN, Justice.

[¶ 1] Gerald Golberg, Betty Golberg, and Mary Schneider appealed from an eminent domain judgment granting the City of Medora roadway and utility easements over their property and awarding them $16,700 in damages and $14,286.43 in attorneys fees, costs, and expert witness fees. We affirm the taking decision, and we reverse the award of attorneys fees and remand for a redetermination of reasonable attorneys fees.

[¶ 2] The Golbergs...

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