Wells County Water Resource District v. Solberg

MESCHKE, Justice.

We hold that an order upholding the public necessity of taking flowage ease- merits in a condemnation suit is not final and, therefore, not appealable without NDRCivP 54(b) action by the trial court. Accordingly, we dismiss this appeal.

Since 1979, the Wells County Water Resource District has been developing the Heimdal Drain Project. In Larson v. Wells County Water Resource Board, 385 N.W.2d 480 (N.D.1986), we affirmed the decision of the District’s Board approving a drain permit for the Project. Later, we held that the District could not use the “quick take” provisions of…