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Landowners’ lawsuit over Dakota Access goes to appeals court

October 14, 2018

FILE - This Sept. 29, 2016, file photo, shows a section of the Dakota Access pipeline under construction near St. Anthony in Morton County, N.D. A group of North Dakota landowners who unsuccessfully sued the developer of the Dakota Access oil pipeline over land easements is maintaining that not all of their claims should have been thrown out by a federal judge. An 8th U.S. Circuit Court of Appeals panel in St. Paul, Minnesota, is hearing their appeal on Thursday Oct. 18, 2018.(Tom Stromme/The Bismarck Tribune via AP, file)

BISMARCK, N.D. (AP) — North Dakota landowners who unsuccessfully sued the developer of the Dakota Access oil pipeline over land easements are trying to revive their lawsuit.

The 21 landowners sued in 2017. They say a company formed by Texas-based Energy Transfer Partners and a hired land acquisition consultant used deception to acquire unfair private land easements. They sought more than $4 million in damages.

A federal judge a year ago ruled they didn’t prove their case, in part because the fraud-based claims required a higher standard of proof.

Their attorneys will argue before an 8th U.S. Circuit Court of Appeals panel in St. Paul, Minnesota, on Thursday that not all of their claims were based on alleged fraud.

The defense will argue the judge properly dismissed the case in its entirety.

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