Eberts v. Billings County Board of Commissioners

MARING, Justice.

[¶ 1] The Billings County Board of Commissioners (“Board”) appealed from an order temporarily enjoining it from proceeding under N.D.C.C. § 24-05-09 to condemn land owned by Kenneth, Allan, and Dennis Eberts, or from surveying or recording a survey of a roadway across Eberts’ property. The Board alternatively seeks a supervisory writ to review the trial court’s decision to grant the temporary injunction. We conclude review of the temporary injunction is proper, and the Board may proceed under N.D.C.C. § 24-05-09. We reverse and remand with instructions to dismiss Eberts’…