8th Circuit decides N.D. case Wednesday, May 28, 2025

The 8th Circuit Court of Appeals decided the federal district court decision in Sandra Short v. Billings County, U.S. Court of Appeals Case No: 24-1612 on May 28.

Summary from Law.Justia.com:

The case involves Billings County and its commissioners, who appealed a district court's decision to grant a preliminary injunction preventing them from entering the property of Sandra Short, David Short, Donald Short, and Sarah Sarbacker. The dispute centers on the County's attempt to use eminent domain to construct a bridge over the Little Missouri River, known as the Little Missouri River Crossing (LMRC). The Shorts had previously settled a lawsuit with the County in 2021, where the County agreed not to pursue eminent domain for the LMRC project. Despite this, a newly elected Board of Commissioners decided to proceed with the project in 2023, leading the Shorts to file a new lawsuit.

The United States District Court for the District of North Dakota granted a preliminary injunction in favor of the Shorts, finding that they were likely to succeed on their breach-of-contract claim based on the Settlement Agreement. The court refrained from deciding on the validity of the Settlement Agreement, leaving that issue for the state court to address. The district court also stayed its proceedings, pending the outcome of the state court case, and denied the County's motion to dismiss without prejudice.

The United States Court of Appeals for the Eighth Circuit reviewed the case and vacated the preliminary injunction. The appellate court held that the County could not lawfully contract away its power of eminent domain, as it is an essential attribute of sovereignty. The court concluded that the Settlement Agreement was contrary to law and that the Shorts were not likely to succeed on their breach-of-contract claim. The case was remanded for further proceedings consistent with this opinion. (From: https://law.justia.com/cases/federal/appellate-courts/ca8/24-1612/24-1612-2025-05-28.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2025-05-29-u-s-court-of-appeals-for-the-eighth-circuit-0031291f3a&utm_content=text-case-title-1)

Read the court's decision here: https://ecf.ca8.uscourts.gov/opndir/25/05/241612P.pdf