Recently Olson & Burns attorneys Richard Olson, Jessica Merchant, and Ryan Quarne won a ruling before the North Dakota Supreme Court relating to damages caused by an eminent domain taking.
The case is Northern States Power v. Mikkelson, et al.
From the opinion:
The parties do not agree on the amount of damages NSP owes the Mikkelsons. The Mikkelsons claim the easement totally devalues the acreage it burdens. NSP claims the easement devalues the acreage by a lesser amount. The parties’ dispute creates a factual issue as to the amount the easement devalued the Mikkelson’s property. “The determination of damages in an eminent domain action is a question of fact to be decided by the trier of fact.” Davis, 480 N.W.2d at 725. “Deciding an issue by summary judgment is not appropriate if the court must draw inferences and make findings on disputed facts.” Desert Partners IV, L.P. v. Benson, 2016 ND 37, ¶ 10, 875 N.W.2d 510.
The justices ruled that the lower court erred when it granted summary judgment on the issue of damages.
You can read the full opinion here.
