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|
|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|
|15||07/27/2000 APPELLANT BRIEF|
|16||07/27/2000 APPELLANT APPENDIX|
|17||07/28/2000 DISK - ATB|
|18||08/16/2000 APPELLEE BRIEF|
|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)|
|28||01/30/2001 DISPOSITION: AFFIRMED|
|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|