State of North Dakota v. Dickinson Cheese Co., Inc.
North Dakota Supreme Court
200 N.W.2d 59 (1972)
Relevant factsFree
Dickinson Cheese Company (defendant) discharged whey into the Heart River, allegedly killing thousands of fish, and the North Dakota State Game and Fish Department (plaintiff) sued for monetary and exemplary damages; the trial court dismissed the complaint, finding the department lacked a property interest in the fish sufficient to support a civil damages claim, and the department appealed.
IssueFree
Whether a state's property interest in wild fish swimming in streams is one of a sovereign, not of an owner.