Legal Opinion
Dempsey v. City of Souris
North Dakota Supreme Court
Decided May 22, 1979No. Civ. 9569PublishedCited by 12 opinions
1Opinion of the Court
PAULSON, Justice.
The City of Souris has appealed to this court from the judgment of the Bottineau County District Court1 which held that the operation of a sewage lagoon by the City of Souris [“City”] constituted a nuisance and had damaged the plaintiffs, Gordon Dempsey and Genevieve Dempsey [“the Demp-seys”], in the amount of $11,860.00. The City contends that it is not liable for damages caused by the operation of the lagoon because the damages were proximately caused by an act of God, i. e., excessive rainfall and runoff. Alternatively, the City asserts that, if it is liable for damages,…
2Cases cited20 opinions
- In Re Estate of ElmerNorth Dakota Supreme Court · 1973
- Kresel v. GieseNorth Dakota Supreme Court · 1975
- Porter v. PorterNorth Dakota Supreme Court · 1979
- Kinnischtzke v. City of Glen UllinNorth Dakota Supreme Court · 1953
- Ferderer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1950
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hoge v. Burleigh County Water Management DistrictNorth Dakota Supreme Court · 1981
- Huber v. Oliver CountyNorth Dakota Supreme Court · 1999
- Aasmundstad v. StateNorth Dakota Supreme Court · 2009
- Lang v. WonnenbergNorth Dakota Supreme Court · 1990
- Knutson v. City of FargoNorth Dakota Supreme Court · 2006
7 more not listed; retrieve them via the Exa API.