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HERRING v. LISBON PARTNERS CREDIT FUND

No. 20120090.

823 N.W.2d 493 (2012)

2012 ND 226

Richard HERRING of Herring Chiropractic Clinic, Plaintiff and Appellant v. LISBON PARTNERS CREDIT FUND, LTD. PARTNERSHIP and Five Star Services, Defendants and Appellees.

Supreme Court of North Dakota.

October 23, 2012.

Attorney(s) appearing for the Case

Charlotte L. Selland , Lisbon, N.D., for plaintiff and appellant.

Troy A. Wolf , Moorhead, MN, for defendants and appellees.

VANDE WALLE, Chief Justice.

[¶ 1] Richard Herring appealed from a district court summary judgment dismissing his action against Lisbon Partners Credit Fund, Ltd. Partnership ("Lisbon Partners") and Five Star Services ("Five Star") for nuisance, negligence, and civil trespass. We reverse and remand, concluding the district court erred in finding Lisbon Partners and Five Star owed no duty to Herring to prevent damage caused by encroachment of branches from their...

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