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HUBER v. OLIVER COUNTY

No. 990093.

602 N.W.2d 710 (1999)

1999 ND 220

Lloyd T. HUBER and Emma Huber, Plaintiffs and Appellants, v. OLIVER COUNTY, Defendant and Appellee.

Supreme Court of North Dakota.

December 1, 1999.

Attorney(s) appearing for the Case

Albert A. Wolf, Wheeler Wolf, Bismarck, ND, for plaintiffs and appellants.

Charles S. Miller, Jr., Fleck, Mather & Strutz, Bismarck, ND, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] Lloyd and Emma Huber appealed from a judgment and post judgment order dismissing their action against Oliver County for damages and injunctive relief related to the flooding of their farmland. We conclude the trial court did not err in instructing the jury on the County's act-of-God defense, and did not abuse its discretion in denying the Hubers injunctive relief or in awarding the County costs and disbursements. We affirm.

I...

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