Fandrich v. Wells County Board of County Commissioners

2000 ND 181, 618 N.W.2d 166, 2000 N.D. LEXIS 205
CourtNorth Dakota Supreme Court
DecidedOctober 26, 2000
DocketNo. 20000054
StatusPublished
Cited by2 cases

This text of 2000 ND 181 (Fandrich v. Wells County Board of County Commissioners) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fandrich v. Wells County Board of County Commissioners, 2000 ND 181, 618 N.W.2d 166, 2000 N.D. LEXIS 205 (N.D. 2000).

Opinion

NEUMANN, Justice.

[¶ 1] James Fandrich, Julie Knodel and Walter Fehr (“landowners”) appealed from an amended judgment approving a flood control plan adopted by the Wells County Board of County Commissioners, Rusland Township Board of Township Supervisors, Forward Township Board of Township Supervisors, and Wells County Water Resource Board (collectively referred to as “County”). The County cross-appealed, challenging the trial court’s failure to award it attorney fees, costs and disbursements. We conclude the trial court did not err in approving the flood control plan and did not err in refusing to award attorney fees, costs and disbursements to any of the parties. We affirm.

I

[¶ 2] The landowners own property along the James River in Wells County. In May 1997, the landowners petitioned the court for a writ of mandamus ordering the County to provide sufficient openings through its roads so they do not act “as dams and obstructions to the flow of water,” because the existing openings alleg[169]*169edly were inadequate to prevent flooding of their property. The landowners identified several road crossings they believed required improvement. Following a hearing, the trial court dismissed the landowners’ claim for monetary damages, but granted the writ of mandamus. The writ required the County to inspect, study and adopt a flood control plan for the road crossings on or before April 30, 1999, which would permit “a maximum quantity of water to flow freely and unimpeded in the James River in accordance with the determination of the North Dakota State Water Commission and the laws” of North Dakota. The court also awarded the landowners “their statutory costs, reasonable engineering costs, reasonable deposition costs and one-half of their attorney fees.” No appeals were taken from this judgment.

[¶ 3] The County timely adopted a flood control plan with proposed improvements for the various road crossings and had the plan published in the official county newspaper. The landowners moved the court to review the County’s plan to determine if it met the requirements of the writ of mandamus and filed their objections to the plan. The court held a hearing in September 1999, and conducted an onsite viewing of the crossings with the parties and counsel. In February 2000, the trial court approved the County’s flood control plan, but revised it by incorporating a stipulation requiring all culverts not at riverbed level to be placed at riverbed level. The court did not grant any of the parties attorney fees, engineering costs or statutory costs. These appeals followed.

II

[¶ 4] The landowners contend the trial court erred in approving the County’s flood control plan because it did not comply with the writ of mandamus.

A

[¶ 5] The trial court’s issuance of the writ of mandamus was not appealed and is not questioned in this appeal. Rather, the issue is whether the County complied with the writ’s requirement that it adopt a flood control plan and make reasonable efforts to implement the plan in accordance with state law and the determination of the State Water Commission.

[¶ 6] Generally, a writ of mandamus may be issued to compel official action by a government entity, but not to control official discretion in acting. See Midland Produce Co. v. City of Minot, 70 N.D. 256, 257, 294 N.W. 192, 193 (1940); Standard Oil Co. v. Engel, 55 N.D. 163, 174, 212 N.W. 822, 826 (1927). Thus, while a court may issue a writ ordering a government entity to comply with applicable law, it cannot control the government entity’s discretion in determining the method to be used in complying with the law. See State v. Coordinating Board for Higher Education, 802 S.W.2d 533, 535 (Mo.App.1991); State v. Troy Civil Service Commission, 118 Ohio App. 345, 194 N.E.2d 778, 780 (1963). The writ in this case did not control the County’s discretion in developing the methods proposed to comply with the writ and state law.

[¶ 7] Because the issue in this case is whether the County complied with the court’s order, our standard of review is structured by the court’s order itself. We are required to review the County’s discretionary actions in determining the methods to be used in complying with the law. The discretionary actions of government entities are not beyond the scope of judicial review, but we apply a very deferential standard to correct abuses of that discretion. See Abrahamson v. Amos, 245 N.W.2d 888, 891 (N.D.1976). In reviewing a decision by a local government entity, a court must not substitute its judgment for that of the government entity, but rather must determine whether the entity erroneously exercised its discretion. Shaw v. Burleigh County, 286 N.W.2d 792, 797 (N.D.1979). We independently review the local government’s actions, and we apply [170]*170the same standard of review as the district court to determine whether the local government’s action comports with a correct interpretation of the law and whether the local government has acted in an arbitrary, capricious, or unreasonable manner. Water Resource District v. Burleigh County, 510 N.W.2d 624, 627 (N.D.1994). A decision is not arbitrary, capricious, or unreasonable if the exercise of discretion is the product of a rational mental process by which the facts and the law relied upon are considered together for the purpose of achieving a reasoned and reasonable interpretation. Anderson v. Richland County Water Resource Board, 506 N.W.2d 362, 367 (N.D.1993).

B

[¶ 8] There are five road crossings at issue in this case. They are unpaved township roads that have been in use for more than 50 years. The sites are known in this litigation as 1, 2, 3, and 5-6. Sites 5-6 have been considered as one site for purposes of the County’s proposed alterations. The James River in this part of Wells County flows from south to north. Sites 5-6 lie furthest to the south. Site 1 lies furthest to the north. The terrain in the area is very flat, causing water to move downstream very slowly and to spread out on the landowners’ farmland.

[¶ 9] Site 1, a former farm-to-market road, is the most heavily traveled road at issue. Before October 1997, site 1 had two six-foot culverts and one five-foot culvert. According to the landowners, water occasionally backs up from the road for more than three and one-half miles, flooding more than 4,500 acres of farm and ranch land. After flooding in spring 1997, one of the six-foot culverts and the five-foot culvert were removed by the County, which then installed a ten-foot by five-foot concrete doublebox culvert to improve the flow through the site. Based on advice from its engineer, the County proposed to add a four-foot by 80-foot culvert, which it contends, along with the doublebox culvert installed in 1997 and an existing six-foot culvert, would pass a 15-year flood event when water is at the top of the roadway. The estimated cost of the improvements is $3,200.

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Related

In the Matter of Estate of Siebrasse
2006 SD 83 (South Dakota Supreme Court, 2006)
Fandrich v. WELLS CTY. BD. OF COUNTY COMM'RS
2000 ND 181 (North Dakota Supreme Court, 2000)

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Bluebook (online)
2000 ND 181, 618 N.W.2d 166, 2000 N.D. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fandrich-v-wells-county-board-of-county-commissioners-nd-2000.