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CHARLES McCAULEY PARTNERSHIP v. TYRONE TOWNSHIP

No. 20040175.

689 N.W.2d 410 (2004)

2004 ND 214

CHARLES McCAULEY PARTNERSHIP, L.L.L.P., Plaintiff and Appellant v. TYRONE TOWNSHIP, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

November 19, 2004.

Attorney(s) appearing for the Case

Garth H. Sjue (argued) and Janet P. Christoffersen (on brief), Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Williston, ND, for plaintiff and appellant.

Dwight C. Eiken, Neff, Eiken & Neff, P.C., Williston, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Charles McCauley Partnership, L.L.L.P. ("Partnership") appealed from a Williams County District Court judgment granting Tyrone Township's ("Township") motion for summary judgment. Partnership also challenges the district court's issuance of an injunction, the determination that Partnership's claim was frivolous, and the award of attorneys' fees to Township. We hold the district court erred in granting Township summary judgment...

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