Mr. G's Turtle Mountain Lodge v. Roland Township
Mr. G's Turtle Mountain
Lodge, Inc., Plaintiff and Appellant
Roland Township, Michael Sturdevant, Defendants and Appellees
Bill Light, Ken Nelson,
Clayton Lider and Jeff Monson, Defendants
Northeast Judicial District,
Judge Donovan John Foughty
|Nature of Action:||Torts (Negligence, Liab., Nuis.)|
|Term:||04/2002  Argument: 04/18/2002 10:45am|
|ND cite:||2002 ND 140|
651 N.W.2d 625
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Is the Judgment of the District Court fully reviewable?
2.Did Roland Township and Sturdevant have discretionary immunity?
3.Did the Trial Court err in granting summary judgment dismissing Mr. G's claims against Roland Township and Michael Sturdevant?
A.Was Mr. G's claim for tortious interference with a business relationship or expectancy against Roland Township and Sturdevant dismissible on summary judgment?
1.Civil Libel as an independent tort. 2.Deceit as an independent tort. B.Was Mr. G's civil libel claim against Roland Township and Sturdevant dismissible by summary judgment?
4.Did the Court err in determining that Mr. G's claims of tortious interference, against Sturdevant were frivolous?
5.Did the Court err in determining that Mr. G's claims against Bill Light and Ken Nelson were frivolous?
Appellee's Statement of the Issues:
(1)Did the District Court correctly determine the letters sent to the Minot Daily News and Bottineau Courant by Roland Township to be a discretionary function for which it is immune under N.D.C.C. 32-12.1-03?
(2)Did the District Court err by determining that the facts, when viewed in the light most favorable to Mr. G's, did not establish the necessary elements of Mr. G's claim of tortious interference with prospective business relationships?
(3)Did the District Court err by determining that the facts, when viewed in the light most favorable to Mr. G's, did not establish the necessary elements of Mr. G's claim of deceit?
(4)Did the District Court err by determining that the letters, sent by Roland Township to the Minot Daily News and the Bottineau Courant, were not defamatory?
Appellee's Statement of the Issues:
Appellee 3 (Michael Sturdevant)
I.Did Mr. G's voluntary satisfaction of a judgment constitute a waiver of its right to appeal?
II.Did the district court err in granting summary judgment dismissing Mr. G's claims against Roland Township Attorney Michael Sturdevant?
III.Did the district court abuse its discretion in determining Mr. G's claims were frivolous and awarding attorney's fees to Sturdevant?
Appellee 3 (Bill Light and Ken Nelson)
1. Has Mr. G's waived the right to appeal?br> 2. Was there error when the Trial Court determined that the claims against Light and Nelson were frivolous?
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|1||08/15/2001||NOTICE OF APPEAL: 08/14/2001|
|2||08/15/2001||ORDER FOR TRANSCRIPT (Wendy Asperheim): 08/14/2001|
|3||08/28/2001||Letter dated 8-27-01 from court recorder re needing payment for TRA|
|4||09/20/2001||RECORD ON APPEAL and exhibits|
|5||09/27/2001||TRANSCRIPTS DATED March 20, 2001 and April 24, 2001|
|6||09/27/2001||DISKS - TRA's 3-20-01 & 4-24-01|
|7||10/23/2001||Letter dated October 22, 2001, indicating that James E. Nostdahl is replacing Don Campbell|
|8||10/30/2001||MOT. EXT/TIME APPELLANT BRIEF & Affidavit in support|
|9||10/30/2001||ACTION BY CLERK. Granted: 12/06/2001|
|12||12/07/2001||DISK of ATB|
|13||12/10/2001||Corrected covers for ATB and ATA|
|14||12/31/2001||MOT. EXT/TIME APPELLEE BRIEF|
|15||12/31/2001||ACTION BY CLERK (MAE). Granted: 01/31/2002|
|16||01/04/2002||SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 2, 2002 (ENTRIES 155 THRU 159)|
|17||01/09/2002||SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 7, 2002 (ENTRIES 160 & 161)|
|18||01/10/2002||SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 9, 2002 (ENTRY 154)|
|19||01/11/2002||SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 10, 2002|
|20||01/17/2002||Supp. Clerk's Cert. on Appeal dated January 16, 2002 with entry 166 attach. (not rec. 164 & 165)|
|21||01/31/2002||Motion for enlargement of time of OA (Appellees)|
|22||01/30/2002||APPELLEE BRIEF for Roland Township|
|23||01/31/2002||DISK of AEB Roland Township|
|24||01/31/2002||APPELLEE BRIEF for Michael Sturdevant|
|25||01/31/2002||APPELLEE APPENDIX for Michael Sturdevant|
|26||01/31/2002||DISK of AEB Michael Sturdevant|
|27||01/31/2002||APPELLEE BRIEF (Bill Light and Ken Nelson)(Nelson & Light dismissed--see 3-6-02 entry)|
|28||02/04/2002||Clerk's Supp. Cert. on Appeal dated January 31, 2002, with entries 168-169 (167 not rec'd)|
|29||02/04/2002||ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen|
|30||02/04/2002||MOTION FOR DISMISSAL OF APPEAL AGAINST BILL LIGHT & KEN NELSON APPEAL BARRED BY PAYMENT OF JUDGMENT. RspDue: 02/14/2002|
|31||02/04/2002||MOTION FOR ACTUAL ATTY'S FEES & COSTS FOR FRIVOLOUS APPEAL; AFF. OF COSTS & ATTY'S FEES ON APPEAL. RspDue: 02/14/2002|
|32||02/05/2002||Faxed copy of letter from James E. Nostdahl dated 2-5-02 RE: clarification of Rule 27(e)|
|33||02/06/2002||Letter from James Nostdahl dated 2-5-02 (Same as faxed copy filed 2-5-02)|
|34||02/11/2002||DISK - AEB (Light/Nelson)|
|35||02/15/2002||Response to Motion for Dismissal of Appeal & Motion for Actual Attorney's Fees & Costs &|
|36||02/15/2002||2nd Supplemental Appendix|
|37||02/25/2002||MOTION FOR CONTINUANCE OF ORAL ARGUMENT DATE; AFF. OF JIM NOSTDAHL|
|38||02/25/2002||ACTION BY CHIEF JUSTICE (OA continued to April Term). Granted|
|39||03/01/2002||SUPPLEMENTAL CLERK'S CERT. DATED 2-27-02 (Nos. 171-176 - incl. Amended Judgment of Dismissal,|
|40||03/01/2002||Amended Judgment) (NOT REC'D: Cert. No. 170 - Receipt)|
|41||03/04/2002||SUPPLEMENTAL CLERK'S CERTIFICATE DATED 3-01-02 (Entry Nos. 177 & 178)|
|42||03/06/2002||ACTION BY SUPREME COURT (Dismissed appeal against Bill Light & Ken Nelson). Granted|
|43||03/06/2002||ACTION BY SUPREME COURT (Motion for Actual Attorney's Fees & Costs for Frivolous Appeal). Denied|
|44||03/06/2002||Order Mailed to Parties|
|47||03/13/2002||ANNOUNCED DISQUALIFICATION: Neumann, William A.|
|48||03/15/2002||ACTION BY CHIEF JUSTICE (Appellees' request for additional OA time). Denied|
|49||03/15/2002||SUPPLEMENTAL CLERK'S CERT. DATED 3-14-02 (No. 182) Not forwarded w/the supplemental were|
|50||03/14/2002||Nos. 179 & 180 (Receipt from Supreme Court) and No. 181 (Order) (re 181 - see Suppl. dated 3-15-02)|
|51||03/18/2002||SUPPLEMENTAL CLERK'S CERTIFICATE DATED 3-15-02 (Entry No. 181 - Order)|
|52||03/26/2002||Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 3-25-02) (APPROVED)|
|53||03/26/2002||SITTING WITH THE COURT: Schmalenberger, Allan L.|
|54||03/27/2002||SITTING WITH THE COURT: McGuire, Michael O.|
|55||04/18/2002||APPEARANCES: Jim E. Nostdahl (William and Eugene Gendreau, appellants); Collin P. Dobrovolny and|
|56||04/18/2002||Bryan Van Grinsven; James S. Hill|
|57||04/18/2002||ARGUED: Nostdahl; Dobrovolny; Hill (Vol. X; Page 216)|
|58||04/18/2002||ORAL ARGUMENT WEBCAST|
|59||08/23/2002||DISPOSITION: AFFIRMED/PT, DISMISSED/PT|
|60||08/23/2002||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|61||08/23/2002||Costs on appeal taxed in favor of appellant|
|63||09/19/2002||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|64||09/19/2007||EXPUNGED - Nonpermanent record items destroyed|