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STATE EX REL. SPRYNCZYNATYK v. MILLS

No. 980127.

592 N.W.2d 591 (1999)

1999 ND 75

STATE of North Dakota ex rel. David SPRYNCZYNATYK, North Dakota State Engineer, Plaintiff and Appellee, v. William R. MILLS, Betty L. Mills, Dakotaville, Inc., a North Dakota Corporation, and River Woods West, Inc., a North Dakota Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

April 27, 1999.

Attorney(s) appearing for the Case

Charles M. Carvell (argued), Assistant Attorney General, Bismarck, ND, for plaintiff and appellee.

William R. Mills (argued), pro se, Bismarck, ND.

Sherry Mills Moore, Foss & Moore, Bismarck, ND, for defendants and appellants Betty L. Mills, Dakotaville, Inc., and River Woods West, Inc.

VANDE WALLE, Chief Justice.

[¶ 1] William R. Mills, Betty L. Mills, Dakotaville, Inc., and River Woods West, Inc. ("Mills") appeal from a judgment determining the ordinary high watermark of the Missouri River on certain disputed property. We conclude the trial court did not err in determining the ordinary high watermark based upon the current condition of the river, and we affirm.

I

[¶ 2] The State brought a declaratory judgment action...

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