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HOME OF ECONOMY v. BNSF RAILROAD

No. 20070002.

736 N.W.2d 780 (2007)

2007 ND 127

HOME OF ECONOMY, a North Dakota Corporation, Plaintiff and Appellant v. BURLINGTON NORTHERN SANTA FE RAILROAD, a National Railroad Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 27, 2007.

Attorney(s) appearing for the Case

Garry A. Pearson, Pearson Christensen & Clapp, PLLP, Grand Forks, N.D., for plaintiff and appellant.

Stephen W. Plambeck, Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Fargo, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Home of Economy appeals from a summary judgment dismissing its action for damages and for an injunction to require Burlington Northern Santa Fe Railroad ("BNSF") to reopen a grade crossing in Grand Forks. We hold N.D. Const. art. XII, § 13, and Nowling v. BNSF Ry., 2002 ND 104, 646 N.W.2d 719, do not preclude Home of Economy's claim for a prescriptive easement for a public road under N...

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