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MINCH FAMILY v. BUFFALO-RED RIVER WATERSHED DIST.

No. 09-3223.

628 F.3d 960 (2010)

The MINCH FAMILY LLLP, a North Dakota Limited Liability, Limited Partnership; Lois A. Minch, as Personal Representative of the A.R. Minch Estate; Lois A. Minch, individually; Roger J. Minch, as Trustee of the Heirs and Next of Kin of A.R. Minch, Deceased, Appellants, v. BUFFALO-RED RIVER WATERSHED DISTRICT; Roger Ellefson; Curtis Nelson; Gerald L. VanAmburg; John E. Hanson; E. Robert Olson, in both their Personal Capacities as Individuals and as Officers and Managers of Co-Defendant Buffalo-Red River Watershed District, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 15, 2010.

Attorney(s) appearing for the Case

Roger James Minch , argued and on the brief, Fargo, ND, for appellant.

Tami L. Norgard , argued and on the brief, Fargo, ND, for appellee.

Before RILEY, Chief Judge, CLEVENGER and COLLOTON, Circuit Judges.

RILEY, Chief Judge.

During contentious litigation in Minnesota state court, a judge entered an order authorizing the Buffalo-Red River Watershed District (BRRWD) to "clean out" or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of A.R. Minch's fields. The Minch Family LLLP, Lois A. Minch and trustee Roger J. Minch2 (collectively, Minch) later sued BRRWD, Roger Ellefson, Curtis Nelson, Gerald...

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