Nandan, LLP v. City of Fargo

VandeWalle, Chief Justice.

[¶ 1] Nandan, LLP appealed from a summary judgment and an order denying its N.D.R.Civ.P. 60(b) motion for relief from judgment, ruling that road and utility repairs were incidental to the repair of a water and sewer system damaged by a landslide in Fargo, and that the City of Fargo was therefore not required to pass a resolution of necessity to create an improvement district to fund the repairs. We affirm, because Nandan failed to raise a genuine issue of material fact precluding summary judgment.

I

[¶ 2] On May 31, 2012, a landslide occurred along 32nd Street North in…