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EBERTS v. BILLINGS COUNTY BD. OF COMM'RS

No. 20040309.

695 N.W.2d 691 (2005)

2005 ND 85

Kenneth A. EBERTS, Allan E. Eberts, and Dennis J. Eberts, Plaintiffs and Appellees, v. BILLINGS COUNTY BOARD OF COMMISSIONERS, Defendant and Appellant.

Supreme Court of North Dakota.

May 3, 2005.

Attorney(s) appearing for the Case

Albert J. Hardy, Hardy, Maus & Nordsven, P.C., Dickinson, N.D., for plaintiffs and appellees.

Tami Lyn Norgard (argued) and H. Patrick Weir (on brief), Vogel Law Firm, Fargo, N.D., for defendant and appellant.

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

MARING, Justice.

[¶ 1] The Billings County Board of Commissioners ("Board") appealed from an order temporarily enjoining it from proceeding under N.D.C.C. § 24-05-09 to condemn land owned by Kenneth, Allan, and Dennis Eberts, or from surveying or recording a survey of a roadway across Eberts' property. The Board alternatively seeks a supervisory writ to review the trial court's decision to grant the temporary injunction. We conclude review of the temporary...

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