State Ex Rel. Sprynczynatyk v. Mills

VANDE WALLE, Chief Justice.

[¶ 1] William R. Mills, Betty L. Mills, Da-kotaville, Inc., and River Woods West, Inc. (“Mills”) appeal from a judgment determining the ordinary high watermark of the Missouri River on certain disputed property. We conclude the trial court did not err in determining the ordinary high watermark based upon the current condition of the river, and we affirm.

I

[¶ 2] The State brought a declaratory judgment action to determine the parties’ interests in certain land lying along the Missouri River near Bismarck. The disputed land constitutes approximately 62 acres of “shore…