In a unanimous decision, the North Dakota Supreme Court Thursday morning rejected an appeal by Friends of the Rail Bridge (FORB) to stop BNSF Railway from building a new bridge across the Missouri and tearing down the old structure....For More CONTINUE THE FULL READING▶▶
FORB wanted to stop or delay the project because, it claimed, the North Dakota Department of Water Resources did not hold a hearing it requested on plans to issue a Sovereign Land Permit needed by BNSF to construct the new bridge.
Two information-gathering hearings were held in January and March 2023, and Friends of the Rail Bridge were among those providing information at the hearings.
On April 24, 2023, the North Dakota Department of Water Resources issued two Sovereign Land Permits to BNSF.
FORB appealed the ruling, but the District Court dismissed their request saying FORB did not request a hearing under the correct section of state law and that the court lacked ‘subject matter jurisdiction” to hear the appeal.
FORB appealed that decision to the North Dakota Supreme Court which, Thursday, upheld the District Court ruling.
“Because Appellants did not satisfy the statutory requirements for perfecting an appeal, the appeal was not properly perfected and the district court lacked subject matter jurisdiction,” the high court wrote. “We conclude the court did not err in dismissing the appeal.”....CONTINUE.FULL.READING>>>
