Legal Opinion
Board of County Commissioners v. Peterson Excavating, Inc.
North Dakota Supreme Court
Decided May 28, 1987No. Civ. No. 11274PublishedCited by 4 opinions
1Opinion of the Court
VANDE WALLE, Justice.
Peterson Excavating, Inc. (Peterson), has appealed from a judgment in favor of the Board of County Commissioners, McLean County (the County), for damages for repairing a paved highway injured by Peterson. We affirm.
The County paved County Highway 15 between Garrison and Lake Sakakawea in 1966. The County repaired the highway when needed and performed routine maintenance consisting of yearly sealing of “al-ligatored” areas and surface cracks.
In 1981, a marina construction project was begun at Fort Stevenson State Park, which required that gravel be hauled to the site over…
2Cases cited9 opinions
- County of Stutsman v. State Historical Society of North DakotaNorth Dakota Supreme Court · 1985
- Town of Troy v. Cheshire Rail RoadSuperior Court of New Hampshire · 1851
- State v. F. W. Fitch Co.Supreme Court of Iowa · 1945
- Burlington Northern R. Co., Inc. v. ScheidNorth Dakota Supreme Court · 1986
- Re WhiteNorth Dakota Supreme Court · 1939
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3Cited by4 opinions
- Stutsman v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.District of Columbia Court of Appeals · 1988
- Zueger v. CarlsonNorth Dakota Supreme Court · 1996
- Olson v. OlsonNorth Dakota Supreme Court · 1994
- McLean County Comm'rs v. PETERSON EXCAVATINGNorth Dakota Supreme Court · 1987