Security State Bank of ND v. Orvik

20010064 Security State Bank
of North Dakota, Plaintiff and Appellant
v.
Bonnie Orvik, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Real Property
Counsel:
Appellant: Olson & Burns P.C.
Appellee: Mack Law Offices, PC
Term: 09/2001   Argument: 09/18/2001  2:45pm
ND cite: 2001 ND 197
NW cite: 636 N.W.2d 664

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-03 gives a landlord with an unrecorded cash-rent lease priority over the interest of a duly perfected crop mortgagee in a tenant/mortgagor's crops and crop proceeds.

Appellee's Statement of the Issues:
1. Whether the notice of appeal was timely filed.
2. Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-04 "provided that if an agreement was made between the lessee and the lessor as to the ownership of crops, then the crops would not belong only to the lessee, but to both the lessor and the lessee", and that "any Bank or other debtor having a lien against the crops of the lessee cannot claim an interest in the portion of the crop that belongs to the lessor." [Memorandum Decision Granting Defendants' Motions for Summary Judgment and Order for Judgment, Appendix pg. 32.]
3. Whether the Trial Court erred when it concluded that North Dakota Century Code Section 47-16-03 "applies to all leases reserving an interest in crops." "Therefore, the Moen's and Orvik's lien or interests are superior to that of the Bank for the crops, up to the amount of the rent due." [Memorandum Decision Granting Defendants' Motions for Summary Judgment and Order for Judgment, Appendix pg. 32.]

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Docket entries:
103/12/2001 NOTICE OF APPEAL: 03/08/2001
203/12/2001 ORDER FOR TRANSCRIPT: 03/08/2001
303/21/2001 Ltr. from Diane J. Manthei stating Scheduling Conf. of April 11, 2000 was not on the record.
403/21/2001 RETENTION OF RECORD ON APPEAL: 04/27/2001
504/06/2001 TRANSCRIPTS DATED 7-05-00 and 9-25-00
604/09/2001 DISK - Transcripts dated 7-05-00 (TR1) and 9-25-00 (TR2)
704/26/2001 TRANSCRIPT DATED 8-27-98 & 11-2-98 (bound together)
804/30/2001 DISK - (TR3) (8-27-98 & 11-2-98)
904/30/2001 RECORD ON APPEAL
1006/01/2001 APPELLANT BRIEF
1106/01/2001 Addendum to ATB
1206/01/2001 APPELLANT APPENDIX
1306/04/2001 DISK - ATB
1406/29/2001 APPELLEE BRIEF
1506/29/2001 Addendum to AEB
1606/29/2001 APPELLEE APPENDIX
1707/10/2001 DISK - AEB (corrected)
1807/19/2001 CORRECTED REPLY BRIEF
1907/30/2001 Addendum to RYB
2007/20/2001 DISK - corrected RYB (e-mailed)
2107/30/2001 ANNOUNCED DISQUALIFICATION: Neumann, William A.
2208/10/2001 SITTING WITH THE COURT: McLees, William W.
2309/14/2001 Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-14-01) (APPROVED)
2409/18/2001 APPEARANCES: Troy J. Eickhoff; Charles D. Orvik, Bonnie Orvik
2509/18/2001 ARGUED: Eickhoff; Orvik (Vol X; Page 158)
2609/18/2001 ORAL ARGUMENT WEBCAST
2712/10/2001 DISPOSITION: REVERSED AND REMANDED
2812/10/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
2912/10/2001 Costs on appeal taxed in favor of appellant
3012/11/2001 Order/Judgment Mailed to Parties
3101/09/2002 MANDATE
3201/14/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3308/13/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014