City of West Fargo v. McAllister, et al.Annotate this Case
In August 2017, the City of West Fargo passed a resolution determining it was necessary to construct a sewer improvement project. The project consisted of the design and installation of two sewer pipes between West Fargo and Fargo. To complete the project, West Fargo had to acquire a right of way across certain private property, including Mark McAllister’s. McAllister appealed a judgment allowing the City of West Fargo to use its quick-take eminent domain power to acquire a right of way across his property. Because the North Dakota Supreme Court concluded the district court inappropriately granted the N.D.R.Civ.P. 54(b) order certifying the judgment as final, it dismissed the appeal.