Grandbois and Grandbois, Inc. v. City of Watford City

20030250 Grandbois and Grandbois, Inc.,
a corporation, and Linda and
Edward Grandbois, Plaintiffs and Appellants
v.
City of Watford City, City of
Williston, County of Williams,
County of Divide, County of
McKenzie, political subdivisions;
Watford City Police Department,
Williston Police Department,
Williams County Sheriff, Divide
County Sheriff, McKenzie County
Sheriff, Northwest Narcotics
Task Force, and Kirk M. Sutton
and Dale Hager, Defendants and Appellees

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Allan L. Schmalenberger
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Vinje Law Firm
Appellee: Smith Bakke Porsborg Schweigert & Armstrong
Term: 02/2004   Argument: 02/23/2004  9:30am
ND cite: 2004 ND 162
NW cite: 685 N.W.2d 129

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Was the trial judge correct in deciding that there were no issues for presentation to a jury?
2. Was the trial judge correct in refusing to allow an amendment of the pleadings to add an allegation of theft?

Appellee's Statement of the Issues:
I. Whether the District Court was Correct in Determining the Plaintiffs Failed to Establish Proximate Cause between the Alleged Fraud and their Alleged Damages as a Matter of Law.
II. Whether the District Court Correctly Determined the Defendants Were Entitled to Discretionary Immunity.
III. Whether the Misrepresentations Supporting the Plaintiffs' Fraud Claim are Subject to an Absolute or Qualified Privilege.
IV. Whether the District Court Correctly Denied the Plaintiffs' Motion to Amend their Complaint to Allege Theft of Property.

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Docket entries:
108/27/2003 NOTICE OF APPEAL: 08/22/2003
208/27/2003 ORDER FOR TRANSCRIPT (Kim Schwartz): 08/22/2003
309/18/2003 RECORD ON APPEAL including separate depositions (2)
410/13/2003 TRANSCRIPT DATED April 7, 2003
510/14/2003 DISK - TRA (4-7-03)(E-mailed)
611/20/2003 MOT. EXT/TIME APPELLANT BRIEF
711/20/2003 E-FILED MOTION (via facsimile)
811/20/2003 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/15/2003
912/15/2003 APPELLANT BRIEF
1012/15/2003 APPELLANT APPENDIX
1112/16/2003 DISK - ATB
1212/22/2003 Copies of NOA for ATA
1301/09/2004 MOT. EXT/TIME APPELLEE BRIEF
1401/09/2004 E-FILED MOTION
1501/09/2004 ACTION BY CLERK (due no later than above date). Granted: 01/20/2004
1601/20/2004 APPELLEE BRIEF
1701/20/2004 APPELLEE APPENDIX
1801/22/2004 Corrected TOA & page for AEB
1901/22/2004 DISK - AEB
2002/23/2004 APPEARANCES: Ralph A. Vinje; Scott K. Porsborg
2102/23/2004 ARGUED: Vinje; Porsborg (Vol. Y; Page 206)
2202/23/2004 ORAL ARGUMENT WEBCAST
2308/05/2004 DISPOSITION: AFFIRMED
2408/05/2004 UNANIMOUS OPINION: Neumann, William A.
2508/05/2004 Costs on appeal taxed in favor of appellee
2608/06/2004 Judgment Mailed to Parties
2708/27/2004 MANDATE
2809/01/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2911/22/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/29/2014