Basin Electric Power Cooperative v. Gosch

CHEEVER, Circuit Judge.

This is an appeal from an order of the trial court granting a new trial to defendant landowners. The plaintiff herein contends that the trial court abused its discretion in granting the order for a new trial. We affirm the trial court.

Basin Electric Power Cooperative, a corporation, plaintiff and appellant, commenced this proceeding to condemn under its power of eminent domain certain lands belonging to defendants for the purpose of imposing a transmission line easement along the eastern edge of the West One-Half (W V2) of Sections Twelve (12) and Thirteen (13) in…