Peterson v. ND University System

20030249 Sandra Peterson, Plaintiff and Appellant
v.
North Dakota University
System, and Bismarck
State College, Defendants and Appellees

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Contracts
Counsel:
Appellant: Chapman and Chapman, P.C.
Appellee: Tag Christian Anderson , Att. General Office
Term: 03/2004   Argument: 03/09/2004  2:45pm
ND cite: 2004 ND 82
NW cite: 678 N.W.2d 163

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Is a tenured faculty professor, in the North Dakota University System, entitled to judicial review, if the North Dakota University System Board determines that adequate cause for termination had been proven by clear and convincing evidence?
II. Does a tenured faculty professor, in the North Dakota University System, who has been terminated from employment, have the right to a jury trial, challenging whether the North Dakota University System produced clear and convincing evidence of adequate cause for termination?

Appellee's Statement of the Issues:
I. Did the District Court correctly determine that Peterson had failed to identify disputed issues of fact from which a reasonable trier of fact could find that the State's final decision respecting Peterson's continued employment was not objectively reasonable and made in good faith.
II. Did the District Court correctly determine that Peterson had failed to identify disputed issues of fact, which would support an action in tort for "wrongful discharge" and "conspiracy."

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Docket entries:
108/26/2003 NOTICE OF APPEAL: 08/25/2003
208/26/2003 ORDER FOR TRANSCRIPT: 08/25/2003
308/27/2003 Receipt and Acceptance of Order for Transcript by Lisa E. Soma
410/03/2003 TRANSCRIPT DATED 6-6-03
510/03/2003 DISK - TRA (6/6/03)
610/06/2003 RECORD ON APPEAL & separates 11 & 15 (NOT REC'D: #18--Court Reporter Notes)
711/03/2003 MOT. EXT/TIME APPELLANT BRIEF
811/03/2003 ACTION BY CLERK. Granted: 12/12/2003
912/12/2003 APPELLANT BRIEF
1012/12/2003 APPELLANT APPENDIX
1112/12/2003 DISK - atb (e-mailed)
1201/07/2004 MOT. EXT/TIME APPELLEE BRIEF
1301/07/2004 E-FILED MOTION - MAE
1401/07/2004 ACTION BY CLERK (MAE). Granted: 02/06/2004
1501/08/2004 Original and seven copies of Motion for Extension of time to file the Appellee's Brief
1602/06/2004 APPELLEE BRIEF
1702/06/2004 APPELLEE APPENDIX
1802/09/2004 DISK - AEB
1902/23/2004 REPLY BRIEF of Appellant
2002/23/2004 DISK - ryb (E-mailed)
2103/09/2004 APPEARANCES: Charles "Casey" L. Chapman; Tag C. Anderson
2203/09/2004 ARGUED: Chapman; Anderson
2303/09/2004 ORAL ARGUMENT WEBCAST
2404/13/2004 DISPOSITION: AFFIRMED
2504/13/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
2604/13/2004 Costs on appeal awarded in favor of the Appellees
2704/14/2004 Judgment Mailed to Parties
2805/07/2004 MANDATE
2905/13/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3011/22/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/20/2014