Scherger v. Northern Natural Gas Co.

OPINION

PAGE, Justice.

Norbert and Delores Scherger (the “Schergers”) petitioned the Dodge County District Court for a writ of mandamus 1 requiring Northern Natural Gas Co. (“Northern”) to initiate condemnation proceedings in order to replace an existing Northern pipeline located within an easement on the Schergers’ property. After cross-motions for summary judgment on stipulated facts, the district court denied the Schergers’ motion seeking to require Northern to initiate-condemnation proceedings and granted Northern’s motion, which sought to have the Schergers’ action dismissed. On appeal,…