Stark v. Heart River Irrigation District

Nelson, District Judge.

This is an appeal from the judgment of the district court of Morton County, North Dakota, entered on a trial de novo on appeal from an order of the board of directors of appellant irrigation district retaining in the district portions of the lands of respondents which they had petitioned to have excluded therefrom. The case was recently before the court on a motion to dismiss the appeal. Stark et al. v. Heart *308River Irrigation District, 47 NW2d 126. The motion was denied and the case is here for determination on the merits.

The irrigation district here involved was…