SARGENT COUNTY WATER RESOURCE v. BECK

No. 20220357.

999 N.W.2d 175 (2023)

2023 ND 230

SARGENT COUNTY WATER RESOURCE DISTRICT, a North Dakota Political Subdivision, Plaintiff, Appellee, and Cross-Appellant v. Gregory S. BECK and Carol L. Beck, AS CO-TRUSTEES OF the GREGORY S. BECK AND CAROL L. BECK REVOCABLE LIVING TRUST DATED SEPTEMBER 8, 2020, Gerald P. Bosse and Diana Bosse, as Co-Trustees of the Gerald and Diana Bosse Irrevocable Land Trust dated the 13th day of January, 2021, Gerald P. Bosse, Diana Bosse, Mathew J. Bosse, Brent P. Bosse, 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, legatees, devisees, personal representatives, creditors or otherwise, Defendants and Paul Mathews as Personal Representative of the Estate of Nancy I. Mathews, Phyllis Delahoyde, and Daniel G. Delahoyde, Defendants, Appellants, and Cross-Appellees.

Supreme Court of North Dakota.

Filed December 15, 2023.


Attorney(s) appearing for the Case

Robert G. Hoy (argued), Stephen J. Hilfer (appeared), and Christopher M. McShane (on brief), West Fargo, ND, for plaintiff, appellee, and cross-appellant.

Derrick L. Braaten , Bismarck, ND, for defendants, appellants, and cross-appellees.


[¶1] Paul Mathews as personal representative of the Estate of Nancy Mathews, Phyllis Delahoyde, and Daniel Delahoyde (collectively, "Landowners") appeal from a judgment condemning their property and an order denying their motion for a new trial. Sargent County Water Resource District ("District") cross-appeals from an order...

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