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PEACOCK v. SUNDRE TOWNSHIP

Civ. No. 10890.

372 N.W.2d 877 (1985)

Larry PEACOCK and Arline Peacock, Plaintiffs and Appellants, v. SUNDRE TOWNSHIP, a political subdivision of the State of North Dakota; Leonard Jensen and Edna M. Jensen, his wife; and Robert Bartsch and Linda Bartsch, his wife, Defendants and Appellees.

Supreme Court of North Dakota.

August 15, 1985.

Attorney(s) appearing for the Case

Bosard, McCutcheon & Rau, Minot, for plaintiffs and appellants; argued by Gary H. Lee, Minot.

Pringle & Herigstad, Minot, for defendant and appellee Sundre Tp., argued by Mitchell Mahoney, Minot.

Eaton, Van de Streek & Ward, Minot, for defendants and appellees Leonard Jensen and Edna M. Jensen; argued by Nevin Van de Streek, Minot.

Kenner, Halvorson & Sturdevant, Minot, for defendants and appellees Robert Bartsch and Linda Bartsch; argued by Michael G. Sturdevant, Minot.

LEVINE, Justice.

Larry and Arline Peacock appeal from summary judgment granted in favor of Sundre Township, Leonard and Edna Jensen, and Robert and Linda Bartsch. We affirm.

The Jensens, Bartsches and Sundre Township owned property uphill and adjacent to the Peacocks' property. In 1977 the Peacocks initiated a suit alleging that the Jensens, Bartsches and Sundre Township had developed their respective properties in a manner that unreasonably altered the natural...

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