Mr. G's Turtle Mountain Lodge v. Roland Township

20010202 Mr. G's Turtle Mountain
Lodge, Inc., Plaintiff and Appellant
v.
Roland Township, Michael Sturdevant, Defendants and Appellees
-------
Bill Light, Ken Nelson,
Clayton Lider and Jeff Monson, Defendants

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Donovan John Foughty
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pringle & Herigstad, P.C.
Appellee: McGee, Hankla, Backes & Dobrovolny
Appellee: Zuger Kirmis & Smith
Term: 04/2002   Argument: 04/18/2002  10:45am
ND cite: 2002 ND 140
NW cite: 651 N.W.2d 625

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
108/15/2001 NOTICE OF APPEAL: 08/14/2001
208/15/2001 ORDER FOR TRANSCRIPT (Wendy Asperheim): 08/14/2001
308/28/2001 Letter dated 8-27-01 from court recorder re needing payment for TRA
409/20/2001 RECORD ON APPEAL and exhibits
509/27/2001 TRANSCRIPTS DATED March 20, 2001 and April 24, 2001
609/27/2001 DISKS - TRA's 3-20-01 & 4-24-01
710/23/2001 Letter dated October 22, 2001, indicating that James E. Nostdahl is replacing Don Campbell
810/30/2001 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in support
910/30/2001 ACTION BY CLERK. Granted: 12/06/2001
1012/06/2001 APPELLANT BRIEF
1112/06/2001 APPELLANT APPENDIX
1212/07/2001 DISK of ATB
1312/10/2001 Corrected covers for ATB and ATA
1412/31/2001 MOT. EXT/TIME APPELLEE BRIEF
1512/31/2001 ACTION BY CLERK (MAE). Granted: 01/31/2002
1601/04/2002 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 2, 2002 (ENTRIES 155 THRU 159)
1701/09/2002 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 7, 2002 (ENTRIES 160 & 161)
1801/10/2002 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 9, 2002 (ENTRY 154)
1901/11/2002 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED JAN 10, 2002
2001/17/2002 Supp. Clerk's Cert. on Appeal dated January 16, 2002 with entry 166 attach. (not rec. 164 & 165)
2101/31/2002 Motion for enlargement of time of OA (Appellees)
2201/30/2002 APPELLEE BRIEF for Roland Township
2301/31/2002 DISK of AEB Roland Township
2401/31/2002 APPELLEE BRIEF for Michael Sturdevant
2501/31/2002 APPELLEE APPENDIX for Michael Sturdevant
2601/31/2002 DISK of AEB Michael Sturdevant
2701/31/2002 APPELLEE BRIEF (Bill Light and Ken Nelson)(Nelson & Light dismissed--see 3-6-02 entry)
2802/04/2002 Clerk's Supp. Cert. on Appeal dated January 31, 2002, with entries 168-169 (167 not rec'd)
2902/04/2002 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
3002/04/2002 MOTION FOR DISMISSAL OF APPEAL AGAINST BILL LIGHT & KEN NELSON APPEAL BARRED BY PAYMENT OF JUDGMENT. RspDue: 02/14/2002
3102/04/2002 MOTION FOR ACTUAL ATTY'S FEES & COSTS FOR FRIVOLOUS APPEAL; AFF. OF COSTS & ATTY'S FEES ON APPEAL. RspDue: 02/14/2002
3202/05/2002 Faxed copy of letter from James E. Nostdahl dated 2-5-02 RE: clarification of Rule 27(e)
3302/06/2002 Letter from James Nostdahl dated 2-5-02 (Same as faxed copy filed 2-5-02)
3402/11/2002 DISK - AEB (Light/Nelson)
3502/15/2002 Response to Motion for Dismissal of Appeal & Motion for Actual Attorney's Fees & Costs &
3602/15/2002 2nd Supplemental Appendix
3702/25/2002 MOTION FOR CONTINUANCE OF ORAL ARGUMENT DATE; AFF. OF JIM NOSTDAHL
3802/25/2002 ACTION BY CHIEF JUSTICE (OA continued to April Term). Granted
3903/01/2002 SUPPLEMENTAL CLERK'S CERT. DATED 2-27-02 (Nos. 171-176 - incl. Amended Judgment of Dismissal,
4003/01/2002 Amended Judgment) (NOT REC'D: Cert. No. 170 - Receipt)
4103/04/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 3-01-02 (Entry Nos. 177 & 178)
4203/06/2002 ACTION BY SUPREME COURT (Dismissed appeal against Bill Light & Ken Nelson). Granted
4303/06/2002 ACTION BY SUPREME COURT (Motion for Actual Attorney's Fees & Costs for Frivolous Appeal). Denied
4403/06/2002 Order Mailed to Parties
4503/11/2002 REPLY BRIEF
4603/11/2002 DISK
4703/13/2002 ANNOUNCED DISQUALIFICATION: Neumann, William A.
4803/15/2002 ACTION BY CHIEF JUSTICE (Appellees' request for additional OA time). Denied
4903/15/2002 SUPPLEMENTAL CLERK'S CERT. DATED 3-14-02 (No. 182) Not forwarded w/the supplemental were
5003/14/2002 Nos. 179 & 180 (Receipt from Supreme Court) and No. 181 (Order) (re 181 - see Suppl. dated 3-15-02)
5103/18/2002 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 3-15-02 (Entry No. 181 - Order)
5203/26/2002 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 3-25-02) (APPROVED)
5303/26/2002 SITTING WITH THE COURT: Schmalenberger, Allan L.
5403/27/2002 SITTING WITH THE COURT: McGuire, Michael O.
5504/18/2002 APPEARANCES: Jim E. Nostdahl (William and Eugene Gendreau, appellants); Collin P. Dobrovolny and
5604/18/2002 Bryan Van Grinsven; James S. Hill
5704/18/2002 ARGUED: Nostdahl; Dobrovolny; Hill (Vol. X; Page 216)
5804/18/2002 ORAL ARGUMENT WEBCAST
5908/23/2002 DISPOSITION: AFFIRMED/PT, DISMISSED/PT
6008/23/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
6108/23/2002 Costs on appeal taxed in favor of appellant
6209/16/2002 MANDATE
6309/19/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6409/19/2007 EXPUNGED - Nonpermanent record items destroyed

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