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BERGER v. SELLERS

No. 20220322.

996 N.W.2d 329 (2023)

2023 ND 171

Darren BERGER and Tamara Berger, Plaintiffs, Appellants, and Cross-Appellees v. Jason SELLERS, Krysta Sellers, Jordan Anderson, Personally, and Big River Builders, Inc., Defendants, Appellees, and Cross-Appellants and The Misty Waters Owners' Association, Defendant and Appellee Jason Sellers, Krysta Sellers, Jordan Anderson, Personally, and Big River Builders, Inc., Third-Party Plaintiffs, Appellees, and Cross-Appellants v. Jeff Carlson, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

Filed September 28, 2023.

Attorney(s) appearing for the Case

Nicholas C. Grant (argued) and Shea A. Miller (on brief), Dickinson, N.D., and Bradley J. Beehler (on brief) and Victoria A. Vold (appeared), Grand Forks, N.D., for plaintiffs, appellants, and cross-appellees.

Randall J. Bakke (argued) and Shawn A. Grinolds (appeared), Bismarck, N.D., for defendants, appellees, and cross-appellants.

William P. Harrie (argued), Fargo, N.D., for defendant and appellee.

Katie L. Winbauer (argued) and Chris A. Edison (on brief), Bismarck, N.D., for third-party defendant and appellee.

Zachary E. Pelham and Matthew R. Keller , Bismarck, N.D., for amicus curiae Misty Waters L.L.C.

[¶1] Darren Berger and Tamara Berger ("Bergers") appeal from a judgment dismissing their claims of violation of a planned unit development (PUD), breach of contract, breach of fiduciary duty, private nuisance, and negligence against their neighbors Jason Sellers and Krysta Sellers...

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