Legal Opinion
Home of Economy v. Burlington Northern Santa Fe Railroad
North Dakota Supreme Court
Decided July 27, 2007No. 20070002PublishedCited by 6 opinions
1Opinion of the Court
SANDSTROM, Justice.
[¶ 1] Home of Economy appeals from a summary judgment dismissing its action for damages and for an injunction to require Burlington Northern Santa Fe Railroad (“BNSF”) to reopen a grade crossing in Grand Forks. We hold N.D. Const, art. XII, § 13, and Nowling v. BNSF Ry., 2002 ND 104, 646 N.W.2d 719, do not preclude Home of Economy’s claim for a prescriptive easement for a public road under N.D.C.C. § 24-07-01 and there are disputed factual issues about adverse and hostile use under that statute. We reverse and remand.
I
[¶2] In June 2003, without obtaining permission from any…
2Cases cited24 opinions
- Louis W. Epstein Family Partnership Levitz Furniture Corporation, Intervenor in D.C. v. Kmart CorporationCourt of Appeals for the Third Circuit · 1994
- Hurt v. FreelandNorth Dakota Supreme Court · 1999
- Johnson v. KasterSupreme Court of Iowa · 2001
- Exxon Corp. v. SchutzmaierCourt of Appeals of Texas · 1976
- Green v. Mid Dakota ClinicNorth Dakota Supreme Court · 2004
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3Cited by6 opinions
- Hager v. City of Devils LakeNorth Dakota Supreme Court · 2009
- Wagner v. Crossland Construction Company, Inc.North Dakota Supreme Court · 2013
- McKenzie County v. ReichmanNorth Dakota Supreme Court · 2012
- Home of Economy v. Burlington Northern Santa Fe RailroadNorth Dakota Supreme Court · 2010
- In re: Nine Point Energy Holdings, Inc.District Court, D. Delaware · 2021
1 more not listed; retrieve them via the Exa API.