State Supreme Court upholds ruling in favor of Fox Island flood protection project


The North Dakota Supreme Court has upheld a judgment against several property owners trying to stop a Fox Island subdivision flood protection project in Lincoln Township.

At issue were the project and a special assessment district for the project, approved in 2018 by 80 percent of the affected landowners.

The plan was to raise a number of roadways by 1 to 2 feet to form a levee against high floodwaters.

On February 9, 2018, Burleigh County, on behalf of Lincoln Township, granted an easement to the Burleigh County Water Resource District to build and maintain the earthen levee.

In March 2018, several landowners whose properties are next to streets in the Fox Island subdivision challenged the legality of the project.

They claimed the flood project was an improper use of land dedicated primarily for public travel.

The District Court turned down the property owners’ efforts and ordered them to pay the county and township nearly $19,000 to cover court costs and fees.

The state Supreme Court Wednesday upheld the ruling of the District Court.

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