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CITY OF HARWOOD v. CITY OF REILES ACRES

No. 20140089.

859 N.W.2d 13 (2015)

2015 ND 33

The CITY OF HARWOOD, a political subdivision of the State of North Dakota, and Lake Shure Estates, Inc., a North Dakota nonprofit corporation, Plaintiffs and Appellees v. The CITY OF REILES ACRES, a political subdivision of the State of North Dakota, Dr. Ron Knutson, and all other persons unknown claiming any interest or estate in, or lien or encumbrance upon, the property described in the Complaint, Defendants The City of Reiles Acres, a political subdivision of the State of North Dakota, Appellant.

Supreme Court of North Dakota.

February 12, 2015.

Attorney(s) appearing for the Case

Andrew D. Cook (argued) and Robert G. Hoy (on brief), West Fargo, N.D., for plaintiffs and appellees.

Jonathan T. Garaas , Fargo, N.D., for defendant and appellant.

[¶ 1] The City of Reiles Acres appeals from a judgment entered after a bench trial declaring the contractual obligations of Reiles Acres and the City of Harwood under a 1985 contract for construction and operation of a waste water treatment facility known as the Harwood Lagoon were discharged by frustration of purpose and...

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