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NORD v. HERRMAN

Civil No. 970161.

577 N.W.2d 782 (1998)

1998 ND 91

Sidney NORD, Joyce Nord, Lyder Nord, and Gloria M. Nord, Plaintiffs and Appellees, v. David HERRMAN and Richard Herrman, Defendants and Appellants. and Arlen Peterson, Intervenor and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Todd A. Schwarz, of Frith, Schwarz & Steffan, Devils Lake, for plaintiffs and appellees. Submitted on brief.

J. Thomas Traynor, Jr., of Traynor, Rutten & Traynor, Devils Lake, and Maren H. Halbach, of Haugland, Halbach & Halbach, Devils Lake, for defendants, intervenor, and appellants. Submitted on brief.

MARING, Justice.

[¶ 1] David Herrman, Richard Herrman and Arlen Peterson appealed from a judgment quieting title to real property located on the shoreline of Devils Lake, and awarding Sidney, Joyce, Lyder, and Gloria M. Nord $2,500 in damages to the property and $500 in attorney fees. We hold the trial court's decision does not adequately meet the legal requirement of proportional allocation, and we reverse and remand for further proceedings.

I

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