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NESS v. WARD COUNTY WATER RESOURCE DIST.

Civil No. 980072.

585 N.W.2d 793 (1998)

1998 ND 191

James NESS, Plaintiff and Appellant, v. WARD COUNTY WATER RESOURCE DISTRICT, Defendant and Appellee.

Supreme Court of North Dakota.

October 30, 1998.

Attorney(s) appearing for the Case

Joseph J. Cichy, of Olson Cichy, Bismarck, for plaintiff and appellant.

Gary H. Lee, of Olson Burns Lee, Minot, for defendant and appellee.

MARING, Justice.

[¶ 1] James Ness appeals the district court's affirmance of the Ward County Water Resource District's (District) order mandating the placement of a culvert beneath a township road. The appeal involves Ness' dispute with the District over the depth and location of the culvert on a township road that runs east-west on the northern border of his property. Ness complains the current placement of the culvert...

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