Banderet,et al. vs. Sargent Count Water Resource District, et al.
Annotate this CaseRobert and Laurie Banderet and other plaintiffs (“Landowners”) appealed a judgment dismissing their complaint seeking declaratory and injunctive relief against the Sargent County Water Resource District and Ransom County Water Resource District relating to a drainage project. The Landowners had sought a judgment declaring: (1) the Drain 11 project could not be funded as maintenance within six years at $4 per acre being assessed to the Landowners; (2) the Landowners were entitled to a hearing and vote on the project; and (3) benefited properties in Ransom County had to be included in the Drain 11 assessment district. The Landowners requested a permanent injunction restraining the Sargent County Water Resource District from proceeding with the Drain 11 project. The North Dakota Supreme Court affirmed, concluding the Landowners were not entitled to equitable relief, and the district court properly dismissed the Landowners’ complaint.
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