Cass County Joint Water Resource District – August 21, 2025
1:00 pm - 2:00 pm
CASS COUNTY JOINT WATER RESOURCE DISTRICT SPECIAL MEETING
ORIGINATING AT THE CASS COUNTY HIGHWAY DEPARTMENT
HERITAGE CONFERENCE ROOM
1201 MAIN AVENUE WEST
WEST FARGO, NORTH DAKOTA
AUGUST 21, 2025
1:00 P.M.
1. Metro Flood Diversion Project
a. Executive Session for purposes of discussing contract negotiation strategies, ongoing litigation, and attorney consultation regarding the Metro Flood Diversion Project, and right of way and property acquisitions necessary to accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9), regarding the following matters and parties:
1. Cass County Joint Water Resource District v. Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard, CMC Heartland Partners, et al, Civ. No. 09-2022-CV-03661 (OIN 2051); and
2. Cass County Joint Water Resource District v. Robert R. Askegaard, et al, Civ. No. 09-2023-CV-00109 (OIN 1950).
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REMINDERS/NOTES:
Any questions regarding agenda items should be directed to the Water Resource District office at 298-2381.
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Recording of meeting will be posted shortly.
A special meeting of the Cass County Joint Water Resource District was held on August 21, 2025, at 1:00 p.m.
Present were Ken Lougheed, North Cass Water Resource District; Keith Weston and Rick Steen, Southeast Cass Water Resource District; Gerald Melvin, Maple River Water Resource District; Jacob Gust, Rush River Water Resource District; Melissa Hinkemeyer, Director, Secretary; Amy Hepper, Treasurer; Elizabeth Smith, Administrative Assistant; Rita Nelson, Accounting Assistant; Sean Fredricks, Chris McShane, Luke Andrud, David Piper, Katie Schmidt, and John Shockley, Ohnstad Twichell, P.C.; Duane Breitling, Cass County Commissioner; Justin Fisher, Jodi Smith, and Madeline Daudt, Metro Flood Diversion Authority; Eric Dodds, AE2S; and Leo Richard, Stanley Township property
owner.
Executive Session for purposes of discussing contract negotiation strategies, ongoing litigation, and attorney consultation regarding the Metro Flood Diversion Project, and right of way and property acquisitions necessary to accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2),
(5), and (9), regarding the following matters and parties:
It was moved by Manager Melvin and seconded by Manager Weston to close the meeting at 1:06 p.m. for purposes of discussing contract negotiation strategies, ongoing litigation, and attorney consultation regarding the Metro Flood Diversion Project, and right of way and property acquisitions necessary to accommodate the Metro Flood Diversion Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9), regarding the following
matters and parties:
• Cass County Joint Water Resource District v. Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard, CMC Heartland Partners, et al, Civ. No. 09-2022-CV-03661 (OIN 2051); and
• Cass County Joint Water Resource District v. Robert R. Askegaard, et al, Civ. No. 09-2023-CV-00109 (OIN 1950).
Upon roll call vote, the following Managers voted in favor: Lougheed, Weston, Gust, Melvin, and Steen. The motion acarried unanimously.
The executive session was attended by Managers Lougheed, Weston, Gust, Melvin, Steen, Melissa Hinkemeyer, Amy Hepper, Elizabeth Smith, Rita Nelson, Sean Fredricks, Chris McShane, Luke Andrud, Katie Schmidt, David Piper, John Shockley, Justin Fisher, Jodi Smith, Madeline Daudt, Eric Dodds, and Duane Breitling.
The executive session adjourned at 1:32 p.m. and the special meeting was reconvened and opened to the public.
Metro Flood Diversion Project – Acquisition review and approval
Chairman Lougheed asked if any members of the Board wished to offer any motions regarding the following matters:
• Cass County Joint Water Resource District v. Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard, CMC Heartland Partners, et al, Civ. No. 09-2022-CV-03661 (OIN 2051); and
• Cass County Joint Water Resource District v. Robert R. Askegaard, et al, Civ. No. 09-2023-CV-00109 (OIN 1950).
Manager Melvin moved to approve a settlement with Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard, CMC Heartland Partners, et al, as follows:
1. Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard (“Askegaard”), will convey to the Cass County Joint Water Resource District (the “District”) flowage easement interests over OIN 2051, consisting of the Southwest Quarter of Section 36 of Pleasant Township.
2. The District will pay Askegaard a total of $475,000 upon closing of the real estate transaction contemplated under the parties’ settlement agreement, as outlined above.
3. Following the closing of the real estate transaction contemplated under the parties’ settlement agreement, the parties will execute and file a stipulation to dismiss the eminent domain action, Cass County Joint Water Resource District v. Nancy L. Johnson as the Personal Representative of the Estate of Patricia N. Askegaard, CMC Heartland Partners, et al, Civ. No. 09-2022-CV-03661 (OIN 2051), but only with respect to Askegaard.
4. The District will reimburse Askegaard for reasonable attorneys’ fees and costs, not to exceed $111,721.41.
Manager Weston seconded the motion. Upon roll call vote, the motion carried unanimously.