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HOME OF ECONOMY v. B.N.S.F. R.R.

No. 20090226.

780 N.W.2d 429 (2010)

2010 ND 49

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.

March 19, 2010.

Attorney(s) appearing for the Case

Jon J. Jensen (argued) and Garry A. Pearson (on brief), Pearson Christensen & Clapp, PPLP, Grand Forks, ND, for plaintiff and appellant.

Stephen W. Plambeck (argued), Nilles Law Firm, Fargo, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Home of Economy appeals from a judgment dismissing its claim for damages and an injunction requiring Burlington Northern Santa Fe Railroad (BNSF) to reopen a grade crossing. We hold the district court correctly placed the burden of proof on Home of Economy and was not clearly erroneous to find Home of Economy failed to prove the existence of a public road by prescription. We also hold the district court was not clearly erroneous to find...

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