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CONCERNED IRRS v. BELLE FOURCHE IRRN DIST.

Nos. 99-1895, 99-1922.

235 F.3d 1139 (2001)

CONCERNED IRRIGATORS; Harold Nelson; Laurie Barnaud, Plaintiffs-Appellants, v. BELLE FOURCHE IRRIGATION DISTRICT; Gary Brunner; Darrell Cox; Steve Gatzke; Harlan Palo; Arthur Persche; Robert Ruff; Walter Stumpf, Individually and in Their Official Capacity as the Board of Directors of the Belle Fourche Irrigation District, Defendants-Appellees. Concerned Irrigators; Harold Nelson; Laurie Barnaud, Plaintiffs-Appellees, v. Belle Fourche Irrigation District; Gary Brunner; Darrell Cox; Steve Gatzke; Harlan Palo; Arthur Persche; Robert Ruff; Walter Stumpf, Individually and in Their Official Capacity as the Board of Directors of the Belle Fourche Irrigation District, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 2, 2001.

Attorney(s) appearing for the Case

Scott McGregor, argued, Rapid City, SD, for Appellant.

Marty Jackley, argued, Rapid City, SD, for Appellee.

Before BEAM and JOHN R. GIBSON, Circuit Judges, and PRATT, District Judge.

JOHN R. GIBSON, Circuit Judge.

This case involves the Belle Fourche Irrigation District's method of assessing construction debt and operation and maintenance (O & M) costs to the landowners in the District. Concerned Irrigators, a landowners' association, and Harold Nelson and Laurie Barnaud, individual landowners, appeal the district court's1 grant of summary judgment to the District. The appellants (collectively, Concerned Irrigators...

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