Haveluck v. State, N.D. St. Hwy. Dept.

VANDE WALLE, Justice.

John Haveluck appealed from an order of the district court of McLean County dismissing Haveluck’s appeal from a deposit by the North Dakota State Highway Department for the taking of property owned by Haveluck. We reverse and remand for further proceedings.

On April 7, 1981, John Haveluck, a resident of Max, North Dakota, received from the clerk of the district court of McLean County a document entitled “Notice to Property Owner, Owners and Tenant or Tenants.” The notice informed Haveluck that the North Dakota Highway Departs ment (hereinafter “Highway Department”) had,…