City of Fargo v. Malme

9:30am Tuesday, September 2, 2008
20080069 City of Fargo, Plaintiff and Appellee
v.
Mitch Malme and Mitch
Malme Investments, L.L.C., a
North Dakota limited liability
company, Defendants and Appellants
Appeal from: East Central Judicial District, Cass County, Judge Cynthia Rothe-Seeger
Nature of Action: Other (Civil)
Counsel:

Appellant: Garaas Law Firm
Appellee: Scott Orel Diamond , Asst. City Attorney

Issues: Appellant's Statement of the Issues:
1. Are Mitch Malme and Mitch Malme Investments, L.L.C., entitled to a remedy including payment of attorney's fees, costs and disbursements to vindicate the violation of their federal civil rights?
2. Did the District Court Judge honor the Judgment of the Supreme Court of North Dakota in City of Fargo v. Malme, 2007 ND 137, 737 N.W.2d 390?
Appellee's Statement of the Issues:
I.Did the district court abuse its discretion in denying attorney fees by following the Supreme Court judgment directing that Malme receive costs in accordance with Rule 39 of the Rules of Appellate Procedure?
II.Did the district court abuse its discretion in denying attorney fees when there was no contractual or statutory basis to award attorney fees?
III.Did the district court abuse its discretion in denying attorney fees in response to a claim under 42 U.S.C. 1988(b), which was raised for the first time on remand, when the prevailing party prevailed purely on state law grounds and there was no determination that any constitutional rights were violated?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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Generated from Supreme Court Docket on 10/02/2008