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PEMBINA COUNTY v. CAVALIER COUNTY

No. 20100037.

787 N.W.2d 295 (2010)

2010 ND 148

PEMBINA COUNTY WATER RESOURCE BOARD and the Pembina County Board of County Commissioners, Petitioners and Appellants v. CAVALIER COUNTY WATER RESOURCE BOARD and the Cavalier County Board of County Commissioners, Respondents and Appellees.

Supreme Court of North Dakota.

August 17, 2010.

Attorney(s) appearing for the Case

Neil W. Fleming (argued), Cavalier, N.D., for petitioner and appellant Pembina County Water Resource Board and Stuart John Askew (appeared), Assistant State's Attorney, Cavalier, N.D., for petitioner and appellant Pembina County Board of Commissioners.

Daniel Lee Gaustad (argued), Grafton, N.D., and Ronald F. Fischer (on brief), Grand Forks, N.D., for respondents and appellees.

KAPSNER, Justice.

[¶ 1] The Pembina County Water Resource Board and the Pembina County Board of County Commissioners ("Pembina County") appeal from a district court judgment dismissing their petition for a writ of mandamus seeking to require the Cavalier County Water Resource Board and the Cavalier County Board of County Commissioners ("Cavalier County") to establish an assessment district to participate in the cost of maintenance and rehabilitation of a dam...

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