Burlington Northern v. Benson Co. Water
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| 990368 |
Burlington Northern and Santa Fe
Railway Company, Ronald Hausmann,
Lila Hausmann, Donald Haugen, and
Charles Studness, Appellants
v.
Benson County Water Resource District, Appellee
|
| Appeal from: |
District Court,
Northeast Judicial District,
Benson County
Judge Donovan John Foughty |
|
Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
04/2000 Argument: 04/20/2000 02:45pm
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| ND cite: |
2000 ND 182
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| NW cite: |
618 N.W.2d 155
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|
| Issues: |
Appellant's Statement of the Issues:
Appellant 1: Did the Benson County Water Resource District act arbitrarily, capriciously, or unreasonably when it ordered installation of a culvert through the railroad track embankment of the Burlington Northern and Santa Fe Railway Company to
allow water to flow onto land owned by Ronald Hausmann, Lila Hausmann, and Donald Haugen?
Appellant 2: I. Whether the Benson County Water Resource District's Order For Installation of a Culvert and Flowage of Water Across Private Property Owned by The Burlington Northern and Santa Fe Railway Company Was Issued Without Legal
Authority.
II. Whether the Benson County Water Resource District's Order That The Burlington Northern and Santa Fe Railway Company Install a Culvert and Receive a Flow of Water Where No Drain Structure Has Ever Existed is an Unconstitutional Taking or Damaging
of Private Property Without Payment of Just Compensation.
Appellant 3: 1. What is the appropriate standard of review by the Supreme Court of a decision of a local governmental agency?,br>
2. Whether the order of the Benson County Water Resource District ordering the Township by implication to place a culvert in the Township's road by setting the time for that placement exceeds the Water Resource District's authority and impinges upon
the authority of the local Township.
3. Whether the order of the Benson County Water Resource District requiring a culvert be placed in the Burlington Northern Railroad embankment is a reasoned and rational interpretation by the Water Resource District of the law and the facts in this
case.
Appellee's Statement of the Issues:
1. The Order of the Benson WRD is not arbitrary, capricious or unreasonable, and is supported by the evidence of the case.
2. Does H&H or BNSF have a prescriptive easement to obstruct the natural flow of water?
3. Do BNSF or H&H have a property right to flood upstream land which requires a flowage easement and just compensation.
A. Does BNSF Have a Property Right to Flood Upstream Land Which Requires a Flowage Easement and Just Compensation.
B. Do Appellants H&H have a right to prevent the natural flow of water, thus requiring a flowage easement and just compensation.
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 Add Docket 990368 RSS
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| 1 | | 12/08/1999 | |
NOTICE OF APPEAL: 12/07/1999 |
| 2 | | 12/08/1999 | |
ORDER FOR TRANSCRIPT: 12/07/1999 |
| 3 | | 12/09/1999 | |
This case is consol. w/990369-373 & 378-380. Make all docket entries, except disp., in this case. |
| 4 | | 12/15/1999 | |
Copy of letter from Wendy Asperheim to Lana Johnson, Clerk RE: request for copy of OTR |
| 5 | | 12/17/1999 | |
Letter from Wendy Asperheim dated 12/16/199 w/ attachment (Trans. will filed by Mr. Dwyer's office |
| 6 | | 01/07/2000 | |
RECORD ON APPEAL |
| 7 | | 01/12/2000 | |
TRANSCRIPT DATED JANUARY 20, 1998 AND MARCH 17, 1999 |
| 8 | | 01/12/2000 | |
DISK - TRA |
| 9 | | 01/18/2000 | |
MOTION FOR ADDITIONAL ORAL ARGUMENT TIME; STIPULATION |
| 10 | | 01/19/2000 | |
Original certification for January 20, 1998 transcript |
| 11 | | 01/26/2000 | |
Certificate of Service of Copies of transcripts |
| 12 | | 02/18/2000 | |
APPELLANT BRIEF (Ronald Hausmann, Lila Hausmann, and Donald Haugen) |
| 13 | | 02/18/2000 | |
APPELLANT BRIEF (Burlington Northern and Santa Fe Railway Co.) |
| 14 | | 02/18/2000 | |
JOINT APPENDIX (AT) |
| 15 | | 02/22/2000 | |
DISK - ATB (Ronald Hausmann, Lila Hausmann, and Donald Haugen) |
| 16 | | 02/22/2000 | |
DISK - AT1 (Burlington Northern and Santa Fe Railway Co.) |
| 17 | | 02/22/2000 | |
APPELLANT BRIEF (Charles Studness) |
| 18 | | 02/22/2000 | |
APPELLANT APPENDIX (Charles Studness) |
| 19 | | 02/22/2000 | |
DISK - AT2 (Charles Studness) |
| 20 | | 02/22/2000 | |
Clerk's Supp. Cert of ROA with exhibits attached (sent from Michael Dwyer) |
| 21 | | 02/23/2000 | |
Clerk's Supp Cert of ROA dated 2/22/2000 w/entries 63-74 attached (71, 72 & exhibits separate) |
| 22 | | 03/17/2000 | |
ACTION BY CHIEF JUSTICE (MOT/add'l oral argument time for AT/15 minutes). Granted |
| 23 | | 03/23/2000 | |
APPELLEE BRIEF |
| 24 | | 03/24/2000 | |
DISK - AEB |
| 25 | | 04/05/2000 | |
REPLY BRIEF of Appellants Ronald Hausmann, Lila Hausmann, & Donald Haugen |
| 26 | | 04/06/2000 | |
DISK - RYB (Ronald Hausmann, Lila Hausmann, and Donald Haugen) |
| 27 | | 04/10/2000 | |
REPLY BRIEF of Appellants Burlington Northern & Santa Fe Railway Company |
| 28 | | 04/11/2000 | |
DISK - RYB (Burlington Northern & Santa Fe Railway Co.) |
| 29 | | 04/11/2000 | |
Copy of letter dated 4-11-00 from Ohnstad Twichell |
| 30 | | 04/20/2000 | |
APPEARANCES: Duane R. Breitling; Daniel J. Crothers; Joseph J. Cichy; Michael A. Dwyer |
| 31 | | 04/20/2000 | |
ARGUED: Breitling; Crothers; Cichy; Dwyer (Vol. X; page 19) |
| 32 | | 10/26/2000 | |
DISPOSITION: REVERSED |
| 33 | | 10/26/2000 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 34 | | 10/26/2000 | |
Costs on appeal taxed in favor of appellants |
| 35 | | 10/27/2000 | |
Order/Judgment Mailed to Parties |
| 36 | | 11/27/2000 | |
MANDATE |
| 37 | | 12/04/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 03/14/2007 | |
EXPUNGED - Nonpermanent record items destroyed |