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DOUVILLE v. PEMBINA COUNTY WATER RESOURCE DISTRICT

No. 990307.

612 N.W.2d 270 (2000)

2000 ND 124

Thomas DOUVILLE, remainder interest, and Nettie Douville, life estate; Estate of Howard Hughes and Doreen Hughes, c/o H. Frank Hughes, P.R.; Jeffrey Hughes; Stanley Hughes and Lois Hughes; Albert D. Johnson and Vernon L. Johnson; Gordon E. Kollack and Roy Kollack; Kathleen Kollack; Roy Morris; William J. Newell and Donna C. Newell; Ralph Stegman and Jacqueline Stegman; Perry A. Svenson and Susan J. Svenson; William Symington and Lillian Symington, individually and as trustee of Garnet E. Symington Trust; Vernon Symington and Phyllis Symington; Walter Symington and Sharon Symington; Randall Wagner and Marion Wagner; Irene Weiss; and Larry R. Trenbeath, Trustee of the Allen Dale Trenbeath Trust, Petitioners and Appellants, v. PEMBINA COUNTY WATER RESOURCE DISTRICT, Respondent and Appellee, and Tim Wilwand, Richard Margerum, Larry Wilwant, Cameron Wilwand, and Bert Warner, Intervenors and Appellees.

Supreme Court of North Dakota.

June 14, 2000.

Attorney(s) appearing for the Case

Duane R. Breitling, Ohnstad Twichell, Fargo, for petitioners and appellants.

Neil W. Fleming, Fleming & DuBois, Cavalier, for respondent and appellee.

Kermit E. Bye (argued) and Tami L. Norgard (appearance), Vogel, Weir, Hunke & McCormick, Ltd., Fargo, for intervenors and appellees.

Julie A. Krenz (on brief), Attorney General's Office, Bismarck, for amicus curiae State of North Dakota.

VANDE WALLE, Chief Justice.

[¶ 1] Thomas Douville and numerous other landowners ("the landowners") appealed from a judgment affirming the decision of the Pembina County Water Resource District ("the District") ordering removal of dikes on their land. We affirm.

I

[¶ 2] This case involves a long-standing dispute over dikes built along the Pembina River more than twenty-five years ago. Between 1969 and 1974, several landowners in the Neche...

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