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MADDOCK v. ANDERSEN

No. 20120271.

830 N.W.2d 627 (2013)

2013 ND 80

Francis MADDOCK and Deborah Maddock, Plaintiffs and Appellants v. Larry ANDERSEN, Jane Andersen, Howard Andersen, Roland Waite, Karen Waite, Reed Merkel, Ella Waite, David Waite, Denise Just, Debra Peters, Dawn Hernandez, Diane Watson, Donna Peterson, and James Peterson, Defendants Larry Andersen, Jane Andersen, Appellees.

Supreme Court of North Dakota.

May 14, 2013.

Attorney(s) appearing for the Case

Richard A. Sommers (argued) and Greg L. Peterson (on brief), Aberdeen, S.D., for plaintiffs and appellants.

David R. Bliss (argued) and Micheal A. Mulloy (appeared), Bismarck, N.D., for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] Francis and Deborah Maddock appeal a district court judgment denying their request for permanent injunctive relief. We affirm.

I

[¶ 2] Larry and Jane Andersen operate a farm approximately three miles from the Maddocks' property. In the 1960s, a drainage ditch was built by Larry Andersen's father to allow water to drain into a slough located on the Andersens' property...

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