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BALA v. STATE

No. 20090312.

787 N.W.2d 761 (2010)

2010 ND 164

Susan BALA and RSI Holdings, Inc., a Delaware Corporation, Plaintiffs and Appellants v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

August 23, 2010.

Attorney(s) appearing for the Case

Bruce A. Schoenwald , Moorhead, MN, for plaintiffs and appellants.

Douglas Alan Bahr , Solicitor General, Office of Attorney General, Bismarck, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Susan Bala and RSI Holdings, Inc., appeal from a judgment dismissing their action for damages and declaratory relief based on the State's alleged taking of their property without just compensation in violation of the state and federal constitutions. We affirm, concluding the district court did not err in dismissing Bala and RSI's complaint for failure to state a claim upon which relief can be granted.

I

[¶ 2] Bala...

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