United Plainsmen Ass'n v. North Dakota State Water Conservation Commission

PEDERSON, Justice.

This is an appeal by the United Plainsmen Association, a North Dakota non-profit corporation, from a decision of the district court of Burleigh County dismissing the complaint for failure to state a claim upon which relief could be granted.

The complaint sought an injunction against the North Dakota State Water Conservation Commission and Vernon Fahy, State Engineer. Should this court find that the trial court erred, then United Plainsmen asks for a temporary restraining order against the Commission and the State Engineer pending trial on the merits. We hold that the district…