Nord v. Herrman

20000063 Sidney Nord, Joyce Nord, Lyder
Nord, and Gloria M. Nord, Plaintiffs and Appellees
v.
David Herrman and Richard Herrman, Defendants and Appellants
and
Arlen Peterson, Intervenor and Appellant

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Lee A. Christofferson
Nature of Action: Real Property
Counsel:
Appellant: Traynor Law Firm, PC
Appellee: Wheeler Wolf
Term: 10/2000   Argument: 10/23/2000  Waived
ND cite: 2001 ND 11
NW cite: 621 N.W.2d 332


Issues: Appellant's Statement of the Issues:
1. The findings of the trial court are clearly erroneous.
A. The trial court failed to follow the ruling of this Court in Nord v. Herrman, 1998 ND 91, 577 N.W.2d 782, in its Findings of Fact, Conclusions of Law, and Order for Judgment entered December 29, 1999, and the Judgment entered January 7, 2000.
B. The application of North Shore to this case results in the judgment not being final.
C. The application of North Shore to this case results in a judgment which is based upon approximations and is not clear or definite.
2. The determination of damages should be reversed.

Appellee's Statement of the Issues:
1. Whether the trial court was clearly erroneous in apportioning the acreeded lands at a point beginning at the 1883 survey shoreline versus the meander line.
2. Whether the doctrine of stare decisis applies, therefore requiring the Trial Court to follow the mandates of North Shore, Inc. vs. Wakefield, 350 N.W. 2nd 297 (ND 1996).
3. Whether the damages previously awarded by the District Court must be affirmed as property of Appellees were destroyed by the Appellants without regard as to actual boundaries.

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Docket entries:
103/06/2000 NOTICE OF APPEAL: 03/02/2000
203/06/2000 ORDER FOR TRANSCRIPT: 03/02/2000
304/25/2000 MOT. EXT/TIME TRANSCRIPT (Deborah McLean)
404/25/2000 ACTION BY TRIAL COURT (MTR/Christofferson). Granted: 05/21/2000
505/22/2000 MOT. EXT/TIME TRANSCRIPT (Deborah McLean)
605/22/2000 ACTION BY TRIAL COURT. Granted: 05/31/2000
706/01/2000 RECORD ON APPEAL, Transcript dated 9-22-96, & Exhibits (NOTE: Nos. 38-46--Defendant's Exhibits
806/01/2000 EE-MM; and Nos. 103-108 -- Defendant's Exhibits 1-6 large charts, were filed 6-14-00)
906/01/2000 TRANSCRIPTS DATED August 25, 1998 & March 10, 1999
1006/01/2000 DISK - TRA's
1106/14/2000 Supplemental Clerk's Certificate containing Entry Nos. 38-46 -- Defendant's Exhibits EE-MM and
1206/14/2000 Nos. 103-108 -- Defendant's Exhibits 1-6 (all large charts against wall in Exhibit Room)
1307/07/2000 MOT. EXT/TIME APPELLANT BRIEF, AFF. IN SUPPORT
1407/07/2000 ACTION BY CLERK (MAT). Granted: 08/01/2000
1507/27/2000 APPELLANT BRIEF
1607/27/2000 APPELLANT APPENDIX
1707/28/2000 DISK - ATB
1808/16/2000 APPELLEE BRIEF
1908/16/2000 DISK - AEB
2008/23/2000 Copies of corrected pages for AEB - inserted
2108/23/2000 DISK - corrected AEB
2209/27/2000 MOTION TO WAIVE OA (AT)
2309/27/2000 ACTION BY SUPREME COURT (OA waived - AT). Granted
2410/03/2000 Letter dated 10-03-00 from Todd A. Schwarz (re OA)
2510/11/2000 ACTION BY SUPREME COURT (OA may be waived). Granted
2610/23/2000 APPEARANCES: Oral argument waived -- submitted on briefs
2710/23/2000 ARGUED: Submitted on brief (Vol. X; page 72)
2801/30/2001 DISPOSITION: AFFIRMED
2901/30/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
3001/30/2001 Costs on appeal taxed in favor of appellee
3102/02/2001 Order/Judgment Mailed to Parties
3202/23/2001 MANDATE
3302/27/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3405/15/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014