North Dakota Supreme Court July 17, 2014, 20130222 (Finstad v. Ransom-Sargent Water Users, Inc.)

VANDE WALLE, Chief Justice,

concurring and dissenting.

[¶ 26] I agree with the majority opinion that the judgment of the district court should be reversed but I do so for different reasons than does the majority and I disagree with the rationale used by the majority to reach its result.