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FRIENDS OF RAIL BRIDGE v. DEPT. OF WATER

No. 20230255.

995 N.W.2d 461 (2023)

2023 ND 164

FRIENDS OF the RAIL BRIDGE (FORB), Downtown Business Association of Bismarck, and CD Holdings, LLC, Petitioners v. NORTH DAKOTA DEPARTMENT OF WATER RESOURCES, BNSF Railway Company, North Dakota State Historical Board; the Director of the State Historical Society of North Dakota, William Peterson; and the State of North Dakota, ex rel. Drew Wrigley, North Dakota Attorney General, Respondents.

Supreme Court of North Dakota.

Filed September 14, 2023.

Attorney(s) appearing for the Case

William J. Delmore (argued), Bismarck, ND, and Lyle G. Witham (on brief), Erie, CO, for petitioners.

Jennifer L. Verleger , Assistant Attorney General, Bismarck, ND, for respondents North Dakota Department of Water Resources and the State of North Dakota, ex rel. Drew Wrigley, North Dakota Attorney General.

David R. Phillips , Special Assistant Attorney General, Bismarck, ND, for respondents North Dakota State Historical Board and the Director of the State Historical Society of North Dakota, William Peterson.

Jason A. Lien (argued) and Evan A. Nelson (on brief), Minneapolis, MN, and Zachary R. Eiken (appeared) and Wade C. Mann (on brief), Bismarck, ND, for respondent BNSF Railway Company.

[¶1] The Friends of the Rail Bridge, Downtown Business Association of Bismarck, and CD Holdings, LLC (collectively, "FORB") petition this Court to assert its original jurisdiction to issue a stay of the Sovereign Land Permits S-2095 and S-2398 issued to BNSF Railway Company ("BNSF"), and to issue a writ of mandamus to...

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