Finstad v. Ransom-Sargent Water Users, Inc.

VANDE WALLE, Chief Justice.

[¶ 1] John and Lori Finstad appealed from a district court judgment which granted summary judgment in favor of Ransom-Sargent Water Users, Inc., n/k/a Southeast Water Users District, and its board members (collectively, “Water District”), and dismissed their complaint. We conclude the district court erred in applying the three-year statute of limitations of N.D.C.C. § 32-12.1-10 to the Finstads’ contract claims, and genuine issues of material fact existed to preclude summary judgment. We reverse and remand for further proceedings.

I

[¶ 2] The Finstads owned 80 acres…