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MINNKOTA POWER CO-OP., INC. v. ANDERSON

Nos. 20120017, 20120024.

817 N.W.2d 325 (2012)

2012 ND 105

MINNKOTA POWER COOPERATIVE, INC., Petitioner and Appellee v. Thomas ANDERSON, Lori Due, Griffton Hughes, Rhonda Hughes, Rachel Weed, Ronald Lamm, Kelly Lamm, Michelle Lamm, Amy Lamm, Steven Flick, David Flick, Michael Flick, Darlene Hankison, Charles Krahler and Margie Krahler, Respondents. Steven Flick, David Flick, Michael Flick, and Darlene Hankison, Appellants. Minnkota Power Cooperative, Inc., Petitioner and Appellee v. Todd Axt, Doris Axt, Ione Frueh, Garrett Frueh, Ricky Frueh, Cheryl Sadowsky, Roy Jr. Kensmoe, Pearl Kensmoe, Kent Kensmoe, Kenneth Rauser, Launa Rauser, Roger Strobel, Julie Strobel, Weckerly F.L.P., Respondents. Weckerly F.L.P., Appellant.

Supreme Court of North Dakota.

May 21, 2012.

Attorney(s) appearing for the Case

Tami L. Norgard (argued), Fargo, ND, and Jade M. Rosenfeldt (on brief), Moorhead, MN, for petitioner and appellee.

Christopher M. McShane (argued) and John T. Shockley (on brief), West Fargo, ND, for appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Darlene Hankison, Michael Flick, Steven Flick, David Flick, landowners in Wells County, and Weckerly F.L.P., a landowner in Sheridan County, (collectively, "appellants") appealed from a Wells County district court judgment and a Sheridan County district court order that denied their motions to dismiss and granted Minnkota Power Cooperative, Inc.'s petitions to enter their property to conduct testing and surveys. We affirm.

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