Dimond v. State Board of Higher Education

20010154 Mark Dimond, Plaintiff and Appellant
v.
State of North Dakota, by and
through the State Board of
Higher Education, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Everett Nels Olson
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Boughey Law Firm
Appellee: Vogel Law Firm
Term: 11/2001   Argument: 11/27/2001  9:30am
ND cite: 2001 ND 208
NW cite: 637 N.W.2d 692

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1) The district court erred in granting the State's Motion for Summary Judgment since there is a material genuine issue of fact. In addition, the district court erred in concluding that the material facts were undisputed and in establishing that Dr. Dimond was terminated for proper cause.
2) The district court erred in not allowing the amendment of the original Complaint.
3) The district court erred in concluding that the action is barred by the statute of limitations.

Appellee's Statement of the Issues:
I. Is Dimond's Claim Barred by the Three-Year Statute of Limitations in N.D.C.C. 28-01-22.1.
II. Was the Board Entitled to Summary Judgment.

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Docket entries:
106/14/2001 NOTICE OF APPEAL: 06/12/2001
206/14/2001 ORDER FOR TRANSCRIPT (Renee Hermanson): 06/12/2001
306/14/2001 CONSOLIDATED W/20010155. MAKE ALL ENTRIES, EXCEPT DIS IN THIS CASE
406/14/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
506/20/2001 RETENTION OF RECORD ON APPEAL: 08/01/2001
606/20/2001 Request for advance payment of transcript costs
707/16/2001 TRANSCRIPT DATED February 5, 2001
807/17/2001 DISK - TRA Feb 5, 2001
907/17/2001 RECORD ON APPEAL W/ TRANSCRIPTS DATED September 15, 1995, August 15, 1996, August 16, 1996 February
1007/17/2001 25-26, 1995. The entry for the Record in Consolidated Trial Ct. #01316 is in 20010155.
1108/24/2001 MOT. EXT/TIME APPELLANT BRIEF
1208/24/2001 ACTION BY CLERK. Granted: 09/17/2001
1309/17/2001 MOT. EXT/TIME APPELLANT BRIEF (faxed copy)
1409/17/2001 ACTION BY CLERK. Granted: 09/24/2001
1509/18/2001 Motion for Ext/ATB (Same as faxed copy filed 9-17-01)
1609/24/2001 APPELLANT BRIEF
1709/24/2001 APPELLANT APPENDIX
1810/08/2001 DISK - ATB (converted from macintosh)
1910/10/2001 Certificate of Service - ATB (inserted into orig. ATB)
2010/25/2001 MOT. EXT/TIME APPELLEE BRIEF
2110/25/2001 ACTION BY CLERK. Granted: 11/01/2001
2210/26/2001 SITTING WITH THE COURT: Hodny, William F.
2311/01/2001 APPELLEE BRIEF
2411/01/2001 APPELLEE APPENDIX
2511/01/2001 DISK - AEB
2611/27/2001 APPEARANCES: Lynn M. Boughey, Mark Dimond; Monte L. Rognegy
2711/27/2001 ARGUED: Boughey; Rogneby (Vol. X; Page 180)
2811/27/2001 ORAL ARGUMENT WEBCAST
2912/24/2001 DISPOSITION: AFFIRMED
3012/24/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
3112/24/2001 Costs on appeal taxed in favor of AE State Bd. of Higher Education under Rule 39, N.D.R.App.P.
3212/24/2001 Order/Judgment Mailed to Parties
3301/03/2002 PETITION FOR REHEARING
3401/04/2002 DISK - per
3501/18/2002 ACTION BY SUPREME COURT. denied
3601/30/2002 MANDATE
3702/01/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3809/06/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014