Cass County Joint Water Resource District v. Aaland

Summary

The North Dakota Supreme Court denied landowners’ motion to stay district court orders granting the Cass County Joint Water Resource District a right of entry onto their properties for environmental monitoring related to the Fargo-Moorhead Flood Diversion Project. The court concluded the landowners would not suffer irreparable injury because they could pursue an inverse condemnation action, and that a stay could substantially delay the project.

Holdings

1. A stay pending appeal was denied because the Landowners failed to establish the required absence of an adequate remedy and substantial harm to the District from issuance of a stay.
2. The Landowners did not demonstrate irreparable injury because they could pursue an inverse condemnation action for damages resulting from any temporary or permanent taking.
3. Issuance of a stay would likely cause substantial harm to the District by delaying surveys, examinations, and other work necessary to advance the project.

Questions Presented

1. Whether the Landowners were entitled to a stay pending appeal of the district court orders granting the District a right of entry onto their properties.
2. Whether denial of a stay would cause the Landowners irreparable injury.
3. Whether issuance of a stay would cause substantial harm to the District.

Disposition

writ_denied