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| Capital Elec. Coop., Inc. v. City of Bismarck, No. 20060199, No. 20060270,
SUPREME COURT OF NORTH DAKOTA, July 27, 2007, Filed
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Overview: A decision affirming a city's decision that an electric cooperative did not have a franchise to serve an annexed area was reversed as the city's interpretation of the franchise and a public utility's franchise was arbitrary, capricious, and unreasonable. A Public Service Commission's decision ordering a utility not to provide service was affirmed.
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| Home of Econ. v. Burlington N. Santa Fe R.R., No. 20070002,
SUPREME COURT OF NORTH DAKOTA, July 27, 2007, Filed
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Overview: A district court erred in granting a railroad summary judgment on a landowner's claim that it had an easement by prescription to use a grade crossing where the law did not preclude an easement by prescription action for a public road across the railroad's spur line and there issues of fact as to the adverse and hostile use of the crossing.
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