NORTH DAKOTA DEPT. OF TRANSP. v. SCHMITZ

No. 20170397.

910 N.W.2d 874 (2018)

2018 ND 113

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee v. G. John SCHMITZ, Defendant and Appellant.

Supreme Court of North Dakota.

Filed May 8, 2018.


Attorney(s) appearing for the Case

Howard D. Swanson (argued), Special Assistant Attorney General, Grand Forks, ND, for plaintiff and appellee.

Ryan Simatic (argued) and Dan Biersdorf (on brief), Minneapolis, MN, and Cathy Lynn Howe Schmitz (appeared), Williston, ND, for defendant and appellant.


[¶ 1] G. John Schmitz appeals a judgment awarding fees and costs after a jury verdict in his favor in an eminent domain action. Schmitz argues the district court abused its discretion by arbitrarily reducing attorney fees, expert fees and litigation costs. We affirm the judgment in part, reverse it in part, and remand.

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