Legal Opinion
City of Minot v. Johnston
North Dakota Supreme Court
Decided December 18, 1985No. Civ. 10950PublishedCited by 8 opinions
1Opinion of the Court
ERICKSTAD, Chief Justice.
Clifford and Joan Johnston (Johnston) appeal from a district court judgment ordering removal of a fence constructed on a flood protection dike in Minot and dismissing Johnston’s counterclaim for damages and for the abatement of a nuisance. We affirm.
In 1981, Johnston purchased residential property upon which a flood protection dike had been constructed. A previous owner of the property had granted the Ward County Water Management District one of many permanent easements for flood protection. The easement, which was recorded in 1977, provides in pertinent part:
“That…
2Cases cited11 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Kitto v. Minot Park DistrictNorth Dakota Supreme Court · 1974
- Southern Valley Grain Dealers Ass'n v. Board of County CommissionersNorth Dakota Supreme Court · 1977
- State v. Gamble Skogmo, Inc.North Dakota Supreme Court · 1966
- Blocker Drilling Canada, Ltd. v. ConradNorth Dakota Supreme Court · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. TweedNorth Dakota Supreme Court · 1992
- Amerada Hess Corp. v. ConradNorth Dakota Supreme Court · 1987
- Myers v. Richland CountyCourt of Appeals for the Eighth Circuit · 2005
- Levey v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1988
- Earle Myers, Jr. v. Richland CountyCourt of Appeals for the Eighth Circuit · 2005
3 more not listed; retrieve them via the Exa API.