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CITY OF WEST FARGO v. McALLISTER

No. 20210360.

974 N.W.2d 393 (2022)

2022 ND 94

CITY OF WEST FARGO, a political subdivision of the State of North Dakota, Plaintiff and Appellee v. Mark Alexander MCALLISTER, Defendant and Appellant. and Alerus Financial, N.A.; and all other persons unknown claiming an estate or interest in or lien or encumbrance upon the real property described in the Complaint, whether as heirs, devisees, personal representatives, creditors or otherwise, Defendants.

Supreme Court of North Dakota.

FILED May 12, 2022.

Attorney(s) appearing for the Case

Christopher M. McShane , West Fargo, ND, for plaintiff and appellee.

Jonathan T. Garaas , Fargo, ND, for defendant and appellant.

[¶1] Mark McAllister appeals from an amended judgment of condemnation allowing the City of West Fargo to use its eminent domain power to acquire a right of way across his property. We conclude the district court did not err in holding West Fargo was authorized to use quick-take eminent domain procedures for its sewage...

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