A water board is appealing a judge's dismissal of a land condemnation lawsuit in a dispute over a proposed dam on the Maple River. East Central District Judge Georgia Dawson ruled in August that the band's sovereign immunity protected it from being sued. The Cass County Joint Water Resources Board will appeal that ruling to the state Supreme Court. No hearing date has been set. The tribe owns a small piece of land needed for the dam project, which the water board says is necessary to control flooding along the Maple and Sheyenne rivers in southeastern North Dakota. Some landowners in the area fear the dam would increase flooding on their property. One of the farmers gave the tribe a 1.4 acre parcel of land in an attempt to stop the project. Tribal attorneys argue that the land may be a sacred American Indian burial site.