Cossette v. Cass County Joint Water Resource District

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An action for equitable relief generally cannot be combined with a statutory appeal seeking a review of a local governing body's decision. Donald Cossette and the Angela R. Cossette Revocable Living Trust appealed a district court order dismissing their complaint against the Cass County Joint Water Resource District. The District passed a resolution of necessity determining the Cossettes' property was necessary for the Diversion Project and the District intended "to acquire a Permanent Right of Way Easement over, across, and through the [Cossettes'] Property." The Cossettes sought a declaration that the District inappropriately passed the resolution, and appealed from the District's resolution of necessity relating to the District's intent to acquire an interest in the Cossettes' real property through eminent domain. The North Dakota Supreme Court affirmed that part of the district court order dismissing the Cossettes' request for declaratory relief. The Court reversed that part of the district court order concluding the Cossettes were not entitled to appeal the District's resolution of necessity, and remanded. View "Cossette v. Cass County Joint Water Resource District" on Justia Law