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DEMPSEY v. CITY OF SOURIS

Civ. No. 9569.

279 N.W.2d 418 (1979)

Gordon DEMPSEY and Genevieve Dempsey, Plaintiffs-Appellees, v. CITY OF SOURIS, Defendant-Appellant.

Supreme Court of North Dakota.

May 22, 1979.

Attorney(s) appearing for the Case

Benson & Schell, Bottineau, for defendant and appellant; submitted on brief.

Pringle & Herigstad, Minot, for plaintiffs and appellees; argued by Thomas A. Wentz, Minot.

PAULSON, Justice.

The City of Souris has appealed to this court from the judgment of the Bottineau County District Court1 which held that the operation of a sewage lagoon by the City of Souris ["City"] constituted a nuisance and had damaged the plaintiffs, Gordon Dempsey and Genevieve Dempsey ["the Dempseys"], in the amount of $11,860.00. The City contends that it is not liable for damages caused by the operation of the lagoon because...

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