City of West Fargo v. McAllister
Annotate this CaseMark McAllister appealed an amended judgment of condemnation that ultimately allowed the City of West Fargo to use its eminent domain power to acquire a right of way across his property. After review of the district court record, the North Dakota Supreme Court concluded the district court did not err in holding West Fargo was authorized to use quick-take eminent domain procedures for its sewage improvement project. Furthermore, the Court concluded the trial court did not abuse its discretion in granting West Fargo’s motion in limine to exclude testimony from trial that the taking impacted McAllister’s property’s conformance with the city’s setback requirements.
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