Undlin v. City of Surrey

PEDERSON, Justice.

This is an appeal by Monica Undlin from an order granting a motion for a directed verdict, made by the City of Surrey at the conclusion of the case of the plaintiff. Undlin sought to recover damages, under a theory of inverse condemnation, 1 for the loss of the use of a water well. We reverse.

The facts, for purposes of this appeal, are deemed to be not controverted and are viewed from a position most favorable to Undlin. Undlin owned a tract of approximately 29 acres of land located a short distance north of Surrey, North Dakota. This land, which was purchased under a…