Fox Island flood project moving on after court ruling

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BISMARCK, N.D. - Fox Island will continue with its flood protection project after the North Dakota Supreme Court ruled in favor of the Burleigh County Water Resource District.

Supreme Court justices upheld the district court ruling that said raising the road for flood protection doesn't take away from the primary purpose of the roads, which is transportation. Crews are removing trees and clearing debris before they start raising the road, with the goal of finishing this calendar year.

“We want to be done by the fall of 2019. We're not going to have protection for the 2019 spring runoff which we know that. We'd like to have 2020 be secured,” said Greg Larson, Burleigh County Water Resource District.

Homeowners who were part of the suit say they're disappointed. Their attorney, Sean Foss, says they're considering petitioning the court for another hearing. They have 14 days after the opinion date to file.