1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 643 N.W.2d
  5. 643 N.W.2d 685 (2002)
 

CASS COUNTY JOINT WATER RESOURCE DIST. v. 1.43 ACRES IN HIGHLAND TOWNSHIP

No. 20010217.

643 N.W.2d 685 (2002)

2002 ND 83

CASS COUNTY JOINT WATER RESOURCE DISTRICT, a political subdivision of the State of North Dakota, Plaintiff and Appellant, v. 1.43 ACRES OF LAND IN HIGHLAND TOWNSHIP, Cass County, North Dakota, Turtle Mountain Band of Chippewa Indians, a/k/a Turtle Lake Band of Chippewa Indians, and Roger W. Shea, Defendants and Appellees.

Supreme Court of North Dakota.

May 14, 2002.

Attorney(s) appearing for the Case

Steven E. McCullough (argued), Ohnstad Twichell, P.C., West Fargo, N.D., for plaintiff and appellant.

Jerilyn DeCoteau (argued), Boulder, CO, Sarah M. Vogel and Courtney M. Koebele (appeared), Wheeler Wolf, Bismarck, N.D., for defendant and appellee Turtle Mountain Band of Chippewa Indians.

Russell John Myhre (appeared), Enderlin, N.D., for defendant and appellee Roger W. Shea.

Jerald A. Hjelmstad, N.D. League of Cities, Bismarck, N.D., for amicus curiae North Dakota League of Cities.

Charles M. Carvell, Assistant Attorney General, Bismarck, N.D., for amicus curiae State of North Dakota.

Calvin N. Rolfson, Rolfson Schulz Lervick & Geiermann Law Offices, P.C., Bismarck, N.D., for amicus curiae North Dakota Association of Counties.

Gary Michael Beaudry, Three Affiliated Tribes, Williston, N.D., for amicus curiae Three Affiliated Tribes.

NEUMANN, Justice.

[¶ 1] The Cass County Joint Water Resource District ("the District") appeals from a judgment dismissing its action seeking to acquire by condemnation 1.43 acres of land in Highland Township. We reverse and remand, concluding that neither tribal sovereign immunity nor the Federal Nonintercourse Act, 25 U.S.C. § 177, prohibits an in rem condemnation action against the land, and that the trial court erred in dismissing Roger Shea as a defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases