The Dunn County Board of Commissioners voted to rescind a January motion that had authorized construction of two miles of fence at a location chosen by a private claimant, after receiving legal advice that the county’s insurer, Continental, will not indemnify the county for the work.

During an executive-session briefing with county counsel, commissioners were told the North Dakota Insurance Reserve Fund representative and counsel had advised that Continental will not reimburse fence costs. County staff also reported an estimate from a fencing contractor of about $73,000 to construct the two-mile fence and noted the statute of limitations for a related 400 cubic yards of dirt claim appears to have expired. Counsel informed the board that the affected private parties are pursuing litigation directly against Continental.

Based on that advice, the board approved a motion to rescind the January 2 authorization to build the two-mile fence. The roll call vote showed Commissioner Heizer voting “no” while the other commissioners voted to rescind; the motion carried. The board recorded that, without insurer indemnity, the county would be responsible for the estimated fence cost if it chose to proceed.

No immediate county expenditures were authorized during the meeting; the action was a reversal of the prior authorization and preserves the county from proceeding on a project without insurance coverage or other funding commitments.

Commissioners said the county will rely on counsel’s advice as litigation proceeds and will not take further action on fence construction without a clarified funding source or indemnity arrangement.