Becker County Sand & Gravel Co. v. Wosick

Christianson, Ch. J.

Plaintiff brought this action to enjoin the defendants from carrying out certain pending proceedings to condemn certain land for a gravel pit under the provisions of § 20, chapter 159, Laws 1927. The plaintiff predicates its cause of action upon the proposition that the statute under which the defendants are proceeding is violative of certain provisions of the Constitution of the United States and of the Constitution of the state of North Dakota. The complaint shows that plaintiff has a proprietary interest in the gravel pit sought to be condemned and that the taking…