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GISSEL v. KENMARE TOWNSHIP

Civ. Nos. 900293, 900294.

463 N.W.2d 668 (1990)

Curtis GISSEL and Joan Gissel, Plaintiffs and Appellants, v. KENMARE TOWNSHIP and Kenmare Municipal Airport Authority, Defendants and Appellees. Curtis and Joan GISSEL, Plaintiffs and Appellants, v. KENMARE TOWNSHIP, Defendant and Appellee, and Minot Paving Company, Inc., Defendant, and Kenmare Municipal Airport Authority, Defendant and Appellee.

Supreme Court of North Dakota.

November 29, 1990.

Attorney(s) appearing for the Case

Bosard, McCutcheon & Rau, Ltd., Minot, for plaintiffs and appellants; argued by Robert S. Rau. Appearance by Curtis Gissel and Joan Gissel.

McGee, Hankla, Backes & Wheeler, Ltd., Minot, for defendants and appellees; argued by Robert A. Wheeler.

ERICKSTAD, Chief Justice.

Curtis and Joan Gissel appeal from a district court order which dismissed a part of their appeal from Kenmare Township's decision to discontinue a township road, dissolved an injunction restraining Kenmare Township from discontinuing the road, and provided that "the parties may proceed as provided by law with a jury trial to establish damages, if any, to the [Gissels] from the closure of said road." Because the jury determination of damages...

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