ND Fair Housing Council, Inc. v. Peterson

20000130 North Dakota Fair Housing
Council, Inc., Plaintiff and Appellant
---------
Robert Ray Kippen, and
Patricia Yvonne Kippen, Plaintiffs
v.
David Peterson and Mary
Peterson, Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Cass County
Judge Ralph Robert Erickson
Nature of Action: Constitutional Law
Counsel:
Appellant: Dyer & Summers, P.C.
Appellant: Lawyer not licensed in N.D.
Appellee: Serkland Law Firm
Term: 11/2000   Argument: 11/17/2000  3:00pm
ND cite: 2001 ND 81
NW cite: 625 N.W.2d 551


Issues: Appellant's Statement of the Issues:
The issue presented by this appeal is whether the allegations of the First Amended Complaint, taken as true, establish that plaintiff North Dakota Fair Housing Council is "aggrieved" within the meaning of former N.D.C.C. 14-02.4-19.

Appellee's Statement of the Issues:
Whether Plaintiff-Appellant North Dakota Fair Housing Counsel has standing to bring an action for housing discrimination under the North Dakota Human Rights Act, N.D.C.C.  14-02.4-19 (1997).

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Docket entries:
107/07/2000 DISK - atb
205/01/2000 NOTICE OF APPEAL: 04/28/2000
305/18/2000 Affidavit Attesting Good Standing of Out-of-State Counsel (Christopher Brancart)
405/22/2000 MOT. EXT/TIME APPELLANT BRIEF & AFF/SUPPORT
505/22/2000 ACTION BY CLERK. Granted: 07/07/2000
605/31/2000 RECORD ON APPEAL & Separates, including Transcripts dated 12-30-99 & 3-22-00(Not Rec'd:36&74-Tapes)
706/06/2000 Supplemental Clerk's Certificate dated 6-5-00 (Entry Nos. 78 through 82)
806/13/2000 Supplemental Clerk's Certificate dated 6-12-00 (Entry Nos. 83-85)
907/05/2000 APPELLANT BRIEF with attached Exhibit
1007/05/2000 APPELLANT APPENDIX
1107/12/2000 Copies of Corrected TOA and page 24 of ATB (See Docket Memo)
1207/12/2000 DISK - Corrected ATB
1307/13/2000 THIS CASE IS CONSOLIDATED W/20000197 MAKE ALL ENTRIES, EXCEPT DIS & MAN IN THIS CASE
1407/28/2000 Letter from Mr. Brancart dated 7-21-00 RE: transcript matters
1507/28/2000 Motion for Extension of Time Within Which to File Brief & Affidavit in Support) (Filed as MAT & ACL
1607/28/2000 codes in 20000197. (ATB extended to 9-18-00 in 20000197)
1708/01/2000 Copies of decision in ND Fair Housing Council v. Woeste, et al. (dist. w/briefs)
1808/07/2000 APPELLEE BRIEF (Case #2000130)
1908/08/2000 DISK - AEB
2008/10/2000 Supplemental Clerk's Certificate dated 08-09-00 (Entries 86-90)
2108/17/2000 REPLY BRIEF
2208/21/2000 DISK - RYB
2309/14/2000 PLEASE NOTE THE ATB FOR CASE #20000197 WAS DOCKETED IN THAT NUMBER.
2410/13/2000 PLEASE NOTE THE AEB FOR CASE #2000197 WAS DOCKETED IN THAT NUMBER
2510/20/2000 Aff. of Service of AEB
2610/30/2000 Request for Radio/TV Coverage (KCND-FM - ND Public Radio) letter dated 10-28-00 from Jack McDonald
2710/30/2000 (approved)
2810/27/2000 PLEASE NOTE THE RYB FOR CASE #20000197 WAS DOCKETED IN THAT NUMBER
2911/08/2000 MOTION FOR CONTINUANCE OF ORAL ARGUMENT; AFFIDAVIT OF BRANCART
3011/08/2000 ACTION BY CHIEF JUSTICE (MOT/CONTINUANCE). Denied
3111/15/2000 Request for Radio/TV Coverage (Associated Press) (Approved)
3211/17/2000 APPEARANCES: Christopher Brancart, Edwin W.F. Dyer, III; Jack G. Marcil
3311/17/2000 ARGUED: Brancart; Marcil (Vol. X; page 83-84)
3401/23/2001 Rec'd U.S. Ct. of Appeals opinion dtd. 01-18-01 in Central Alabama Fair Housing v. Lowder Realty Co
3505/01/2001 DISPOSITION: AFFIRMED
3605/01/2001 SPLIT OPINION: Sandstrom, Dale V.
3705/01/2001 (DISSENT): Kapsner, Carol Ronning: DISSENT
3805/02/2001 Order/Judgment Mailed to Parties
3905/07/2001 Corrected/Substitute Opinion Page 10 of the opinion filed 5-01-01 (mailed to publishers)
4006/05/2001 MANDATE
4106/08/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4205/24/2007 EXPUNGED - Nonpermanent record items destroyed

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