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KNUTSON v. CITY OF FARGO

No. 20050355.

714 N.W.2d 44 (2006)

2006 ND 97

Douglas R. KNUTSON, and Linda F. Knutson, Plaintiffs and Appellants v. CITY OF FARGO, North Dakota, a municipal corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied June 1, 2006.

Attorney(s) appearing for the Case

David A. Garaas, Garaas Law Firm, Fargo, ND, for plaintiffs and appellants.

Patricia A. Roscoe, Assistant City Attorney, Fargo, ND, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Douglas and Linda Knutson appeal the district court's summary judgment dismissing their inverse condemnation, intentional trespass, and negligence claims against the City of Fargo ("the City") for damages caused to their property after a city water main broke. We affirm.

I

[¶ 2] In July 2003, a water main located under the street adjacent to the Knutsons' home broke. Water flowed onto their property, damaging their...

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