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HOWARD v. TROTTER

No. 20120221.

825 N.W.2d 857 (2012)

2012 ND 258

Ralph HOWARD and Patricia Howard, Plaintiffs and Appellees v. William K. TROTTER and Carla K. Trotter, Keven Buehner and Cheryl Buehner, and Cody Buehner, Defendants. William K. Trotter and Carla K. Trotter, Kevin Buehner and Cheryl Buehner, Appellants.

Supreme Court of North Dakota.

December 18, 2012.

Attorney(s) appearing for the Case

Charles R. Isakson , Bismarck, N.D., for plaintiffs and appellees.

Michael J. Maus , Dickinson, N.D., for defendants and appellants.

MARING, Justice.

[¶ 1] William and Carla Trotter and Kevin and Cheryl Buehner appeal from a judgment declaring Trotter Road a public highway and awarding Ralph and Patricia Howard damages. We conclude the trial court did not clearly err in finding a public road existed and awarding the Howards damages. We affirm the judgment, but we remand for entry of an amended judgment consistent with this opinion.

I

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