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MOUGEY FARMS v. KASPARI

Civil No. 970373.

579 N.W.2d 583 (1998)

MOUGEY FARMS, Plaintiff, Appellant and Cross-Appellee, v. Chris KASPARI, David Kaspari, Sarah Kaspari, Defendants, Appellees and Cross-Appellants, North Dakota State Engineer David A. Sprynczynatyk, Defendant.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

Kip M. Kaler, of Kaler Law Office, Fargo, for plaintiff, appellant and cross-appellee.

Benjamin E. Thomas (argued) and J. Philip Johnson (on brief), of Wold Johnson, Fargo, for defendants, appellees and cross-appellants.

SANDSTROM, Justice.

[¶ 1] Mougey Farms appealed from a judgment dismissing its claims for an easement to pump water through an irrigation system across land owned by David Kaspari, Sarah Kaspari, and Chris Kaspari. The Kasparis cross-appealed from the trial court's decision reforming a lease between Kasparis and Mougey and partitioning the irrigation system. We reverse the summary judgment dismissing Mougey's eminent domain claim and affirm the remainder of the...

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