Becker v. Burleigh County

Citations

• 2019 ND 68
• 924 N.W.2d 393

Syllabus

Injunctive relief may be granted against public entities without exhaustion of administrative remedies where the plaintiff challenges the legality and validity of a decision rather than the public entity's wisdom, propriety, or correctness in making the decision. Raising the grade of streets is consistent with travel or transportation, the primary use of streets. A statutory dedication transfers the fee of the property to the public. Publicly filed documents are presumed regular and correct until shown otherwise by evidence. A party who fails to timely object to the clerk's taxation of costs is precluded from seeking review of these costs on appeal.