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CITY OF MINOT v. BOGER

No. 20079158.

744 N.W.2d 277 (2008)

2008 ND 7

CITY OF MINOT, Plaintiff and Appellee v. Tim BOGER, Joni Boger, Timothy John Boger, Jr., and Marissa Boger, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied February 21, 2008.

Attorney(s) appearing for the Case

Nevin Van de Streek, City Attorney, Eaton, Van de Streek & Ward, Minot, N.D., for plaintiff and appellee.

Robert S. Rau, Bosard, McCutcheon & Rau, Ltd., Minot, N.D., for defendants and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Tim Boger, Joni Boger, Timothy John Boger, Jr., and Marissa Boger appealed from a judgment enjoining them from storing or parking heavy construction equipment and allowing their employees to mobilize for work on their property, and dismissing their counterclaim for damages against the city of Minot for inverse condemnation. We conclude the district court did not err in issuing the injunction as we have modified it or in dismissing...

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