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EICHHORN v. WALDO TOWNSHIP BD. OF SUP'RS

No. 20050295.

723 N.W.2d 112 (2006)

2006 ND 214

Ervin EICHHORN, Petitioner and Appellant v. The WALDO TOWNSHIP BOARD OF SUPERVISORS, COUNTY OF RICHLAND, State of North Dakota, and Harry Emde, Robert M. "Shotz" Kinn, and Gerald Wirtz, constituting the members of said board and the duly designated Waldo Township Overseers of Highways, Respondents and Appellees and The Richland County Water Resource District, a body politic and corporate, Intervenor and Appellee.

Supreme Court of North Dakota.

Rehearing Denied November 7, 2006.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Garaas Law Firm, Fargo, ND, for petitioner and appellant.

Corey J. Quinton, Oppegard, Wolf & Quinton, Moorhead, MN, for respondents and appellees.

Duane R. Breitling, Ohnstand Twichell, P.C., Fargo, ND, for intervenor and appellee.

SANDSTROM, Justice.

[¶ 1] Ervin Eichhorn appealed from a district court order permitting the Richland County Water Resource District ("District") to intervene in his action against Waldo Township ("Township") and from a judgment dismissing his petition for a writ of mandamus to compel the Township to install a larger culvert under a township road. We hold the district court did not err in permitting the District to intervene and did not abuse its discretion in...

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