Morton County Board of Park Commissioners v. Wetsch

STRUTZ, Judge.

The plaintiff brought eminent-domain proceedings to acquire, for public purposes, certain property belonging to the defendants. The case was tried to the court without a jury. After trial, the court made its award determining the value of the property so taken, and in its order provided that the defendants be awarded attorney fees under the provisions of Section 32-15-32, North Dakota Century Code. The court requested the parties to attempt to agree on the amount of attorney fees to be awarded to the defendants, with the understanding that if an agreement could not be reached a…