Sargent Cty. Water Resource District v. Beck

Citations

• 999 N.W.2d 175
• 2023 ND 230

Syllabus

Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. Collateral estoppel precludes litigation of issues actually litigated and necessary to the outcome of the prior case, even if such issues are subsequently presented as part of a different claim. Collateral estoppel requires a final judgment on the merits. An aggrieved party must appeal a local governing body's decision rather than seek injunctive or declaratory relief against the enforcement of the decision. Landowners are not foreclosed from challenging whether a drain improvement project is authorized by law in defending against an eminent domain action. A water resource district may not accumulate a fund exceeding the six-year maximum maintenance levy or obligate the district for costs beyond the maximum maintenance levy without the approval of the majority of the landowners. Before property can be taken it must appear that the use to which it is to be applied is a use authorized by law. The public uses authorized by N.D.C.C. § 32-15-02(3) carry the additional requirement that the mode of apportioning and collecting the costs of such improvement shall be such as may be provided in the statutes by which the same may be authorized.