Minot Sand & Gravel Co. v. Hjelle

SAND, Judge.

The landowner appealed to this court from a Ward County district court judgment 1 in a condemnation action and from denial of motion for a new trial.

The appellant landowner, Minot Sand and Gravel Company [hereinafter landowner], owns and works large open gravel pits located just west of the city limits of Minot, North Dakota. The landowner has been extracting commercially saleable sand, rock, and gravel [hereinafter aggregate] by the open pit method from the land on which the pits are located since 1927. The land on which the gravel pit operations conducted by the landowner take…