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SKOGEN v. HEMEN TP. BD. OF TP. SUP'RS

No. 20090301.

782 N.W.2d 638 (2010)

2010 ND 92

Al SKOGEN, Mike Skogen, and Jason Bonde, Plaintiffs and Appellants v. HEMEN TOWNSHIP BOARD OF TOWNSHIP SUPERVISORS, Defendant and Appellee v. Torin Swartout and Kevin Swartout, Intervenors and Appellees.

Supreme Court of North Dakota.

May 14, 2010.

Attorney(s) appearing for the Case

Joseph J. Cichy, Bismarck, N.D., for plaintiffs and appellants.

Corey J. Quinton, Moorhead, MN, for defendant and appellee Hemen Township Board of Supervisors.

Tami Lyn Norgard, Fargo, N.D., for intervenors and appellees Torin Swartout and Kevin Swartout.

VANDE WALLE, Chief Justice.

[¶ 1] Al and Mike Skogen and their tenant, Jason Bonde, ("Skogens") appealed from a judgment dismissing their complaint against the Hemen Township Board of Township Supervisors for damages from flooding to their farmland and for an order requiring the Board to place a culvert in a township road. We reverse and remand.

I

[¶ 2] The Skogens own and farm land in Hemen Township in Barnes County adjacent to and on...

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