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TIBERT v. CITY OF MINTO

No. 20030207.

679 N.W.2d 440 (2004)

2004 ND 97

Melvin TIBERT, Mark Tibert, Cathy Tibert, and Suzi Tibert, Plaintiffs Melvin Tibert, Mark Tibert, and Suzi Tibert, Plaintiffs and Appellants v. CITY OF MINTO, a Municipal Corporation, Bill Slominski, and Kathy Slominski, D/B/A Minto Grain LLC, Defendants and Appellees.

Supreme Court of North Dakota.

May 5, 2004.

Attorney(s) appearing for the Case

David C. Thompson (argued), Grand Forks, N.D., for plaintiffs and appellants.

Nicholas B. Hall of Hodny Currie Lawyers, Grafton, N.D., and Ronald F. Fischer of Pearson Christensen, Grand Forks, N.D., for defendant and appellee City of Minto; submitted on brief.

Scott J. Landa of Zimney Foster, P.C., Grand Forks, N.D., for defendants and appellees Bill and Kathy Slominski and Minto Grain, LLC; submitted on brief.

NEUMANN, Justice.

[¶ 1] Melvin and Cathy Tibert and Mark and Suzi Tibert (collectively known as "Tiberts") appeal from the trial court's judgment dismissing their action against the City of Minto, Bill and Kathy Slominski, and Minto Grain, LLC, for declaratory relief. We affirm.

I

[¶ 2] Minto Grain is located at Minto, North Dakota, adjacent to railroad tracks used by Burlington Northern Santa Fe Railroad ("BNSF"), the successor of Burlington...

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