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KLINDT v. PEMBINA COUNTY WATER RESOURCE BD.

No. 20040299.

697 N.W.2d 339 (2005)

2005 ND 106

Henry D. KLINDT, Carlton Heck, Joseph E. Phillips, Dennis Berg, Alfred Byron, Mary Ridley, Orville Simundson, Bill Hardy, Terry Busse, Shane Heck, Grace Busse, Allan Smith, Laurel Brusseau, Laurel Smith, Wade Klindt, Rosanna Carignan, Ronald Carignan, Bonnie Carignan, Randy Carignan, Richard Heck, Eggert J. Einarson, Floyd Simundson, Elden Syrup, Tim Smith, Arni Johnson, Dick Simundson, Petitioners, Appellees and Cross-Appellants v. PEMBINA COUNTY WATER RESOURCE BOARD, Respondent, Appellant and Cross-Appellee and Pembina Board of County Commissioners, Respondent.

Supreme Court of North Dakota.

Rehearing Denied July 13, 2005.

Attorney(s) appearing for the Case

Joseph J. Cichy, Olson Cichy Bliss, Bismarck, ND, for petitioners, appellees and cross-appellants.

Neil W. Fleming, Fleming, DuBois & Fleming, P.L.L.P., Cavalier, ND, for respondent, appellant and cross-appellee.

SANDSTROM, Justice.

[¶ 1] The Pembina County Water Resource Board ("Board") appealed from a district court order dissolving the Tongue River Snagging and Clearing Project No. 1, and from an order awarding costs, disbursements, and attorney fees to Henry D. Klindt and other landowners. Klindt and the other landowners cross-appealed from the orders dissolving the project. We conclude the district court did not err in ruling there was sufficient evidence for the...

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