Department of Labor v. Matrix Properties
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| 20080224 |
State of North Dakota,
by North Dakota Department
of Labor, for the benefit
of Evert Johnson, Plaintiff and Appellant
v.
Matrix Properties Corporation,
f/k/a E.W. Wylie Corporation,
Wild & Associates, Ltd., and
Ulteig Engineers, Inc., Defendants and Appellees
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
|
Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
02/2009 Argument: 02/18/2009 01:30pm
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| ND cite: |
2009 ND 137
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| NW cite: |
770 N.W.2d 290
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A person may file a civil action not later than the second year after the termination of an alleged discriminatory housing practice. The apartment building was constructed in 1998. Within two years of moving into the apartment building Evert
Johnson, a disabled individual, filed a complaint alleging the apartment building is not in compliance with design and construction requirements. Had the discriminatory housing practice terminated more than two years prior to Johnson's complaint
being filed?
Supplemental Appellant's Brief Issue
The district court's order of dismissal without prejudice is appealable.
Appellee's Statement of the Issues:
Does the two-year statute of limitations period provided for in N.D.C.C. 14-02.5-39(1) (2008) begin when the last Certificate of Occupancy is issued?
Appellee's Statement of the Issues:
An aggrieved person may file a civil action in district court not later than the second year after the date of the occurrence or the termination of an alleged discriminatory housing practice. The apartment building's construction was completed in
1998, and Evert Johnson, a disabled individual, filed a complaint alleging the apartment building was not in compliance with design and construction requirements in 2005. Did Johnson file a timely complaint?
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| 1 | | 09/09/2008 | |
NOTICE OF APPEAL: 09/08/2008 |
| 2 | | 09/09/2008 | |
ORDER FOR TRANSCRIPT: 09/08/2008 |
| 3 | | 09/09/2008 | |
TRANSCRIPT DATED July 18, 2008 |
| 4 | | 09/10/2008 | |
DISK - tra (7-18-08) |
| 5 | | 09/10/2008 | |
Certificate of Service of TRA |
| 6 | | 09/11/2008 | |
Amended Certificate of Delivery for copies of transcript |
| 7 | | 10/09/2008 | |
RECORD ON APPEAL & original transcript dated 7-18-08 |
| 8 | | 10/17/2008 | |
AMICUS CURIAE BRIEF of Fair Housing of the Dakotas, et al. |
| 9 | | 10/20/2008 | |
DISK - ACB Fair Housing of Dakotas, et al. (CD-Rom) |
| 10 | | 10/20/2008 | |
Affidavit of Service by Mail of Amici Curiae Brief, Fair Housing of Dakotas et al. |
| 11 | | 10/20/2008 | |
APPELLANT BRIEF |
| 12 | | 10/20/2008 | |
APPELLANT APPENDIX |
| 13 | | 10/20/2008 | |
DISK - atb (e-mailed) |
| 14 | | 10/20/2008 | |
Affidavit of Service by Mail (ATB) |
| 15 | | 10/20/2008 | |
MOTION FOR Leave to File Amici Curiae Brief (Fair Housing of the Dakotas, et al.) |
| 16 | | 10/20/2008 | |
MOTION to Participate in Oral Argument on Behalf of Amici Curiae (Fair Housing of Dakotas et al.) |
| 17 | | 10/20/2008 | |
MOTION for Leave to File Amicus Curiae Brief (Protection & Advocacy) |
| 18 | | 10/20/2008 | |
E-FILED MOTION (Mot. Leave to File Amicus--Protection & Advocacy) |
| 19 | | 10/21/2008 | |
ACTION BY CHIEF JUSTICE (Motion to File Amici Curaie Brief--Fair Housing of Dakotas). Granted |
| 20 | | 10/21/2008 | |
ACTION BY CHIEF JUSTICE (Mot. Participate in Oral Arg.--Fair Housing of Dakotas). Denied |
| 21 | | 10/21/2008 | |
ACTION BY CHIEF JUSTICE (Mot. Leave to File Amicus Curiae Brief--Protection & Advocacy). Granted |
| 22 | | 10/21/2008 | |
AMICUS CURIAE BRIEF -- Protection and Advocacy Project |
| 23 | | 10/21/2008 | |
E-FILED BRIEF (Amicus Curiae Protection & Advocacy) |
| 24 | | 10/23/2008 | |
Received copies of Amicus Curiae Brief of Protection & Advocacy from Central Duplicating Services |
| 25 | | 10/29/2008 | |
Consent to Representation by Student Practitioners (e-filed) |
| 26 | | 11/03/2008 | |
SUPPLEMENTAL APPELLANT'S BRIEF |
| 27 | | 11/03/2008 | |
Affidavit of Service by Mail on Appellees |
| 28 | | 11/04/2008 | |
DISK - Supplemental Appellant's Brief (e-mailed) |
| 29 | | 11/04/2008 | |
Affidavit of Service by Mail of Appellee's Brief on Amici Curiae |
| 30 | | 12/04/2008 | |
APPELLEE BRIEF-WILD & ASSOCIATES, INC. |
| 31 | | 12/05/2008 | |
APPELLEE BRIEF-MATRIX PROPERTIES CORP. AND ULTEIG ENGINEERS, INC. |
| 32 | | 12/12/2008 | |
DISK - AEB - Matrix Properties |
| 33 | | 12/12/2008 | |
Received Affidavit of Service of Matrix AEB |
| 34 | | 12/22/2008 | |
E-filing surcharge for Amicus Brief of Protection and Advocacy - Journal ID 719997 |
| 35 | | 12/24/2008 | |
Corrected pages ii and 13 for AEB of Wild and Associates |
| 36 | | 12/24/2008 | |
CD of AEB - Wild and Associates. |
| 37 | | 12/29/2008 | |
Motion for Continuance and Affidavit in Support of oral argument |
| 38 | | 12/29/2008 | |
E-FILED MOTION (Motion for Continuance) |
| 39 | | 12/30/2008 | |
Fax from Mr. Toay stating that Mr. Pitcher, Mr. Thompson and Ms. Andrews agree to the continuance |
| 40 | | 12/30/2008 | |
ACTION BY SUPREME COURT (Motion for Continuance). Granted |
| 41 | | 01/02/2009 | |
Corrected page 14 of AEB - Wild & Associates |
| 42 | | 02/18/2009 | |
APPEARANCES: Michael T. Pitcher, Assistant Attorney General; Lori Conroy, 3rd year law student; |
| 43 | | 02/18/2009 | |
Krista L. Andrews; Brian P. Toay |
| 44 | | 02/18/2009 | |
ARGUED: Pitcher; Andrews; Toay |
| 45 | | 02/18/2009 | |
ORAL ARGUMENT WEBCAST |
| 46 | | 07/21/2009 | |
DISPOSITION: AFFIRMED |
| 47 | | 07/21/2009 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 48 | | 07/21/2009 | |
(DISSENTING): Kapsner, Carol Ronning: DISSENT |
| 49 | | 07/21/2009 | |
(JOIN IN THE DISSENT): Maring, Mary Muehlen: JN/DIS |
| 50 | | 07/21/2009 | |
Costs on appeal taxed in favor of appellees |
| 51 | | 07/22/2009 | |
Judgment E-Mailed to Parties |
| 52 | | 08/13/2009 | |
MANDATE |
| 53 | | 08/18/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |