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CEYNAR v. TESORO LOGISTICS LP

No. 20160243.

894 N.W.2d 374 (2017)

2017 ND 112

David and Virginia CEYNAR, Plaintiffs and Appellants v. TESORO LOGISTICS LP and McKenzie County, North Dakota, a Public Corporation, State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

Filed April 28, 2017.

Attorney(s) appearing for the Case

Joshua A. Swanson , Fargo, ND, for plaintiffs and appellants.

Paul J. Forster (argued), Benjamin J. Sand (appeared) and Brian R. Bjella (on brief) Bismarck, ND, for defendant and appellee Tesoro Logistics LP.

Scott K. Porsborg (argued) and Preston J. Wise (on brief), Bismarck, ND, for defendant and appellee McKenzie County.

[¶ 1] David and Virginia Ceynar appeal from a summary judgment in favor of Tesoro Logistics LP and McKenzie County. The Ceynars argue the district court erred in holding that the lane was a "public highway" within the scope of the easement and that Tesoro Logistics and McKenzie County did not need permission to build a lane...

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