BECKER v. BURLEIGH COUNTY

No. 20180259.

924 N.W.2d 393 (2019)

2019 ND 68

Renee BECKER, Rick Bischof, Jacqueline Bischof, Dr. Craig Lambrecht, Jewel Lambrecht, Dr. Josh Rampton, Dr. Karen Rampton, Todd Tescher, and Lindsey Tescher, Dr. Attas Boutrous, Tim Clausnitzer, Stacey Clausnitzer, Gary Hanson, Darlyne Hanson, Howard Malloy, Lori Malloy, Tony Masset, Gretchen Masset, John Miller, Dr. Brenda Miller, Kim Parson, Sharon Parson, John Shaffer, Mary Shaffer, James Volk, Catherine Volk and Dr. Josh Rampton and Dr. Karen Rampton, Plaintiffs and Dr. Attas Boutrous, Tim Clausnitzer, Stacey Clausnitzer, Gary Hanson, Darlyne Hanson, Howard Malloy, Lori Malloy, Tony Masset, Gretchen Masset, John Miller, Dr. Brenda Miller, Kim Parson, Sharon Parson, John Shaffer, Mary Shaffer, James Volk, Catherine Volk, Dr. Josh Rampton and Dr. Karen Rampton, Plaintiffs and Appellants v. BURLEIGH COUNTY, Lincoln Township, and Burleigh County Water Resource District, Defendants and Appellees.

Supreme Court of North Dakota.

Filed March 13, 2019.


Attorney(s) appearing for the Case

Sean T. Foss (argued) and Stephen P. Welle (appeared), Fargo, N.D., for plaintiffs and appellants.

Scott K. Porsborg (argued) and Austin T. Lafferty (appeared), Burleigh County Special Assistant State's Attorneys, Bismarck, N.D., for defendants and appellees Burleigh County and Lincoln Township.

David R. Bliss , Bismarck, N.D., for defendant and appellee Burleigh County Water Resource District.


[¶ 1] Attas Boutrous and other landowners appeal from a judgment dismissing their action against Burleigh County, its Water Resource District, and Lincoln Township to halt a flood protection project in the Fox Island subdivision in Bismarck, denying their request for a preliminary injunction, dismissing their inverse condemnation...

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