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FRIENDS OF RAIL BRIDGE v. DEPT. OF WATER

No. 20230240.

2 N.W.3d 699 (2024)

2024 ND 22

FRIENDS OF the RAIL BRIDGE (FORB), Downtown Business Association of Bismarck, and CD Holdings, LLC, Appellants v. NORTH DAKOTA DEPARTMENT OF WATER RESOURCES and BNSF Railway Company, Appellees

Supreme Court of North Dakota.

Rehearing Denied February 28, 2024.

Attorney(s) appearing for the Case

William J. Delmore (argued), Bismarck, ND, and Lyle G. Witham (appeared), Erie, CO, for appellants.

Erik J. Wallevand (argued) and Matthew A. Sagsveen (appeared), Assistant Attorneys General, Bismarck, ND, for appellee North Dakota Department of Water Resources.

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

Tory L. Jackson, Bismarck, ND, for amicus curiae National Trust for Historic Preservation in the United States.

[¶1] Friends of the Rail Bridge ("FORB"), Downtown Business Association of Bismarck ("DBAB"), and CD Holdings, LLC appeal from a judgment dismissing their administrative appeal for lack of subject matter jurisdiction. We affirm.

I

[¶2] In September 2017, BNSF Railway Company ("BNSF") applied to the Department...

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