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BURLINGTON NORTHERN RAILROAD CO. v. FAIL

No. 20070212.

751 N.W.2d 188 (2008)

2008 ND 114

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff and Appellee v. James S. FAIL and Fail Antique Auto, Inc., d/b/a Fail Antique and Customizing, Defendants and Appellants.

Supreme Court of North Dakota.

June 9, 2008.

Attorney(s) appearing for the Case

Stephen W. Plambeck (argued) and Jason R. Crance (appeared), Nilles, Ilvedson, Plambeck & Selbo, Ltd., Fargo, ND, for plaintiff and appellee.

Patrick W. Fisher, Fisher, Olson & Juntunen, Ltd., Grand Forks, ND, for defendants and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] James S. Fail and Fail Antique Auto, Inc., doing business as Fail Antique and Customizing, appealed from a judgment declaring that Burlington Northern Railroad Company, now known as BNSF Railway Company, has a valid and enforceable railroad easement on their property. We affirm.

I.

[¶ 2] In 1989, Burlington Northern Railroad Company ("BNSF") conveyed land in Grand Forks to Glacier Park Company. BNSF had...

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