Nord v. Herrman
Sidney Nord, Joyce Nord, Lyder
Nord, and Gloria M. Nord, Plaintiffs and Appellees
David Herrman and Richard Herrman, Defendants and Appellants
Arlen Peterson, Intervenor and Appellant
Northeast Judicial District,
Judge Lee A. Christofferson
|Nature of Action:||Real Property|
|Term:||10/2000  Argument: 10/23/2000 Waived|
|ND cite:||2001 ND 11|
621 N.W.2d 332
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.
|Add Docket 20000063 RSS|
|1||03/06/2000||NOTICE OF APPEAL: 03/02/2000|
|2||03/06/2000||ORDER FOR TRANSCRIPT: 03/02/2000|
|3||04/25/2000||MOT. EXT/TIME TRANSCRIPT (Deborah McLean)|
|4||04/25/2000||ACTION BY TRIAL COURT (MTR/Christofferson). Granted: 05/21/2000|
|5||05/22/2000||MOT. EXT/TIME TRANSCRIPT (Deborah McLean)|
|6||05/22/2000||ACTION BY TRIAL COURT. Granted: 05/31/2000|
|7||06/01/2000||RECORD ON APPEAL, Transcript dated 9-22-96, & Exhibits (NOTE: Nos. 38-46--Defendant's Exhibits|
|8||06/01/2000||EE-MM; and Nos. 103-108 -- Defendant's Exhibits 1-6 large charts, were filed 6-14-00)|
|9||06/01/2000||TRANSCRIPTS DATED August 25, 1998 & March 10, 1999|
|10||06/01/2000||DISK - TRA's|
|11||06/14/2000||Supplemental Clerk's Certificate containing Entry Nos. 38-46 -- Defendant's Exhibits EE-MM and|
|12||06/14/2000||Nos. 103-108 -- Defendant's Exhibits 1-6 (all large charts against wall in Exhibit Room)|
|13||07/07/2000||MOT. EXT/TIME APPELLANT BRIEF, AFF. IN SUPPORT|
|14||07/07/2000||ACTION BY CLERK (MAT). Granted: 08/01/2000|
|17||07/28/2000||DISK - ATB|
|19||08/16/2000||DISK - AEB|
|20||08/23/2000||Copies of corrected pages for AEB - inserted|
|21||08/23/2000||DISK - corrected AEB|
|22||09/27/2000||MOTION TO WAIVE OA (AT)|
|23||09/27/2000||ACTION BY SUPREME COURT (OA waived - AT). Granted|
|24||10/03/2000||Letter dated 10-03-00 from Todd A. Schwarz (re OA)|
|25||10/11/2000||ACTION BY SUPREME COURT (OA may be waived). Granted|
|26||10/23/2000||APPEARANCES: Oral argument waived -- submitted on briefs|
|27||10/23/2000||ARGUED: Submitted on brief (Vol. X; page 72)|
|29||01/30/2001||UNANIMOUS OPINION: Sandstrom, Dale V.|
|30||01/30/2001||Costs on appeal taxed in favor of appellee|
|31||02/02/2001||Order/Judgment Mailed to Parties|
|33||02/27/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||05/15/2007||EXPUNGED - Nonpermanent record items destroyed|