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BURLINGTON NORTHERN AND SANTA FE RAILWAY CO v. BENSON COUNTY WATER RESOURCE DIST.

Nos. 990368-990373, 990378-990380.

618 N.W.2d 155 (2000)

2000 ND 182

BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Ronald Hausmann, Lila Hausmann, Donald Haugen, and Charles Studness, Appellants, v. BENSON COUNTY WATER RESOURCE DISTRICT, Appellee.

Supreme Court of North Dakota.

October 26, 2000.

Attorney(s) appearing for the Case

Daniel J. Crothers, Nilles, Hansen & Davies, Ltd., Fargo, for appellants Burlington Northern and Santa Fe Railway Company, Duane R. Breitling and Steven E. McCullough, Ohnstad Twichell, Fargo, for appellants Ronald Hausmann, Lila Hausmann, and Donald Haugen, and Joseph J. Cichy, Olson Cichy, Bismarck, for appellant Charles Studness.

Michael A. Dwyer, Dwyer Law Office, Bismarck, for appellee.

KAPSNER, Justice.

[¶ 1] Burlington Northern and Santa Fe Rail Railway Company ("BN"); Ronald Hausmann and Lila Hausmann ("Hausmanns"); Donald Haugen; and Charles Studness appealed a district court order of October 6, 1999, and judgment of October 14, 1999, affirming revised findings of fact, conclusions of law, and order issued by the Benson County Water Resource District ("District") on May 4, 1999, requiring the installation of culverts through a township road...

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