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Legal Opinion

Nagel v. Emmons County North Dakota Water Resource District

North Dakota Supreme Court

Decided July 31, 1991No. Civ. 900429PublishedCited by 15 opinions

1Opinion of the Court

VANDE WALLE, Justice.

Alphonse Nagel appealed from a judgment of the district court for Emmons County dismissing his complaint in which he sought to enjoin the defendants 1 from causing his land to be flooded and to collect money damages for harm to his land from previous flooding. We hold that the County acquired a flowage easement by prescription and we affirm the judgment of the district court.

Alphonse Nagel is a landowner in Em-mons County, North Dakota. Immediately north of his property lies an east-west road which was upgraded and improved by Em-mons County sometime between 1963 and…

2Cases cited9 opinions

  1. People ex rel. Love v. CenterCalifornia Supreme Court · 1885
  2. Johnson v. Estate of ZentNorth Dakota Supreme Court · 1990
  3. People v. Banning Co.California Supreme Court · 1914
  4. Rynestad v. ClemetsonNorth Dakota Supreme Court · 1965
  5. Conlon v. City of DickinsonNorth Dakota Supreme Court · 1942

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3Cited by15 opinions

  1. Steiner v. County of MarshallSouth Dakota Supreme Court · 1997
  2. Douville v. Pembina County Water Resource DistrictNorth Dakota Supreme Court · 2000
  3. Hager v. City of Devils LakeNorth Dakota Supreme Court · 2009
  4. State Ex Rel. Sprynczynatyk v. MillsNorth Dakota Supreme Court · 1994
  5. Werlinger v. Champion Healthcare Corp.North Dakota Supreme Court · 1999

10 more not listed; retrieve them via the Exa API.

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