Aasmundstad v. State of ND

10:45am Monday, June 2, 2008
20080018 Blake Aasmundstad; Duane J. Armstrong; Gary Armstrong;
Helen Armstrong; Pamela J. Armstrong; Jason Bednarz;
Karen (Brenda) Bednarz; Ruddy Binfet; Edward Brown; George A.
Brown, Jr.; Rodney J. Brown; Ronald J. Capp; R.A. Charlton;
Barry D. Cox; Judy M. Cox; Margaret R. Cox; Jean K. Davis;
Mary E. Dion; Lyle G. Dykhoff; Julie Englerth; Larry Englerth;
Mary Englerth; Donna Estenson; Larry Estenson; Genevieve Foss;
David Gorham; Constance Haugen; Rodger E. Haugen; Elaine F. Heisler;
Ronald D. Heisler; Edval Helle, Jr.; Randy Helle; Merle Henke;
Nicole Henke; Ardon L. Herman; Audrey Herman; Eileen Herman;
Reginal K. Herman; Duane Howard; Floyd Howard; Orpha Howard;
Lyle Huffman; Mavis Huffman; Joe E. Jager; Rose Ann Jager; Edna
Kenner; Lloyd Kenner; Douglas Ketterling; Anna E. Knudson;
Bjarne J. Knudson; John Knudson; Penelope Knudson; Donald Konzak;
Gregory Konzak; Karin Konzak; Kathleen E. a/k/a Kathleen E. Lerick;
Mary Konzak; Mavis Konzak; Peter Konzak; Leo Konzak Trust; Julian
Kostecki; Boyd LaFleur; Richard LaFleur; Gregory Maddock;
Marvin Logan Ranch, LLC - Elizabeth Gjellstad and Gary Hegland;
Carole Mattern; Donald Mattern; Dennis L. Melland; Gail Melland;
Jacqueline Melland; Rodney Melland; Donald Mertens d/b/a Lake
Region Bait Ranch; Mertens Farm Partnership (Robert Mertens,
Dennis Mertens, Henry Mertens, Jr., Thomas Mertens, Timothy Mertens);
Mary Nicholson; North Shore, Inc.; Alice Rassier; Jacob Roemmich;
Carol Rohr; Arthur Rohr; Gerald Schmidt; Linda Schmidt; Rick A.
Schwab; Gordon Shafer; Helen Shafer; Lillian Shafer; Richard
Schafer; Jan Shelver; Clark A. Steinhaus; Lois Steinhaus;
Stromme Brothers (Lloyd Stromme and Floyd Stromme); TBH Farms
(Allan Thompson, Yvonne Thomopson, Richard LaFleur, Shirley LaFleur,
Boyd LaFleur and Susan LaFleur); Allan Thompson; Karen Tollefson;
Kenneth D. Tollefson; James P. Wang; Daniel M. Webster; Doreen Webster;
Carol Weed; Monte Weed; Raymond Weed; Darlene Wold; Myron Wold;
and Marjorie Wood, Plaintiffs and Appellants
v.
State of North Dakota, North Dakota State
Water Commission, North Dakota State Engineer,
Ramsey County Water Resources District, Benson
County Water Resources District, Towner County
Water Resources District, Cavalier County Water
Resources District, Rolette County Water Resources
District, Pierce County Water Resources District,
Nelson County Water Resources District, Walsh County
Water Resources District, and Devils Lake Joint Water
Resources District, and the officers, members,
employees and agents of each in their
official capacities, Defendants and Appellees
Appeal from: Northeast Judicial District, Ramsey County, Judge M. Richard Geiger
Nature of Action: Real Property
Counsel:

Appellant: Rinke Noonan
Appellee: Matthew Arnold Sagsveen , Att. General Office
Appellee: Letnes, Marshall, Swanson & Warcup, Ltd.
Appellee: Pearson Christensen & Clapp, PLLP

Issues: Appellant's Statement of the Issues:
I. Did the district court err by holding that the government projects, any or all of them, were not a proximate cause of appellants' damages?
II. Did the district court err by finding that appellees met their burden to prove that an act-of-god was the sole proximate cause of appellants' damages?
III. Did the district court err by holding that some of appellants' claims are barred by the statute of limitations?
Appellee's Statement of the Issues:
1. The landowners have not established an inverse condemnation claim. They failed to meet their burden of proof.
2. The evidence submitted by the landowners was found unreliable by the trial court, and so its analysis of proximate cause and whether the landowners' unreliable evidence constituted a "substantial cause" was unnecessary.
3. A three-year statute of limitations applies to inverse condemnation claims against the State under N.D.C.C. 28-01-22.1.
4. The trial court correctly applied the law with respect to the accrual of the landowners' claims.
5. The trial court properly dismissed the claims of James Wang, George A. Brown, Jr., Rodger and Constance Haugen, Gordon and Lillian Shafer, and TBH Farms.
Appellee's Statement of the Issues:
I. Whether the trial court correctly determined that the 20 year statute of limitations for recovery or possession of real property does not apply to claims of inverse condemnation?
II. Whether the trial court's findings that Plaintiffs failed to establish proximate cause are clearly erroneous?
III. Whether the temporary closing of a public roadway due to flood related reconstruction constitutes an unconstitutional taking of access from a non-abutting property owner?
IV. Whether the District Court properly held that the Plaintiffs' damages were caused by an Act of God?
Appellee 3 issues:
I. Were the trial court's findings, that none of the Projects were the cause in fact of the flooding on Plaintiffs' land, clearly erroneous?
II. Were the trial court's findings, that none of the Projects were the proximate cause of Plaintiffs' damages, clearly erroneous?
III. Was the trial court's finding, that the flooding of the Plaintiffs' lands was an Act of God, clearly erroneous?
IV. Whether the trial court properly dismissed certain Plaintiffs' claims because they failed to bring their claim within the applicable statute of limitations?
V. Was the trial court's dismissal of the claims by James Wang, George A. Brown Jr., Rodger and Constance Haugen, Gordon and Lillian Shafer, and TBH Farms clearly erroneous or an abuse of discretion?
Briefs:
Case Summary
Appellant Brief
Appellee 1 Brief
Appellee 2 Brief
Appellee 3 Brief
Reply Brief
Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Go to Docket

Generated from Supreme Court Docket on 07/23/2008