Burleigh County Water Resource District v. Burleigh County of North Dakota

MESCHKE, Justice.

The Burleigh County Water Resource District, two recreational organizations, and two interested individuals (collectively, the WRD) appeal a district court judgment affirming the Burleigh County board of commissioners refusal to take action for removal of an existing encroachment along a section line. We affirm.

DuWayne and Sharon Ternes purchased a home and later discovered it extended at least seven feet into the public right of way along an open section line. See NDCC 24-07-03. 1 At a 1992 public meeting with the Terneses, the board “accept[ed] the existence of the…