Grandbois and Grandbois, Inc. v. City of Watford City
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| 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
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Allan L. Schmalenberger |
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Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
02/2004 Argument: 02/23/2004 09:30am
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| ND cite: |
2004 ND 162
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| NW cite: |
685 N.W.2d 129
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 08/27/2003 | |
NOTICE OF APPEAL: 08/22/2003 |
| 2 | | 08/27/2003 | |
ORDER FOR TRANSCRIPT (Kim Schwartz): 08/22/2003 |
| 3 | | 09/18/2003 | |
RECORD ON APPEAL including separate depositions (2) |
| 4 | | 10/13/2003 | |
TRANSCRIPT DATED April 7, 2003 |
| 5 | | 10/14/2003 | |
DISK - TRA (4-7-03)(E-mailed) |
| 6 | | 11/20/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 11/20/2003 | |
E-FILED MOTION (via facsimile) |
| 8 | | 11/20/2003 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 12/15/2003 |
| 9 | | 12/15/2003 | |
APPELLANT BRIEF |
| 10 | | 12/15/2003 | |
APPELLANT APPENDIX |
| 11 | | 12/16/2003 | |
DISK - ATB |
| 12 | | 12/22/2003 | |
Copies of NOA for ATA |
| 13 | | 01/09/2004 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 01/09/2004 | |
E-FILED MOTION |
| 15 | | 01/09/2004 | |
ACTION BY CLERK (due no later than above date). Granted: 01/20/2004 |
| 16 | | 01/20/2004 | |
APPELLEE BRIEF |
| 17 | | 01/20/2004 | |
APPELLEE APPENDIX |
| 18 | | 01/22/2004 | |
Corrected TOA & page for AEB |
| 19 | | 01/22/2004 | |
DISK - AEB |
| 20 | | 02/23/2004 | |
APPEARANCES: Ralph A. Vinje; Scott K. Porsborg |
| 21 | | 02/23/2004 | |
ARGUED: Vinje; Porsborg (Vol. Y; Page 206) |
| 22 | | 02/23/2004 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 08/05/2004 | |
DISPOSITION: AFFIRMED |
| 24 | | 08/05/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 25 | | 08/05/2004 | |
Costs on appeal taxed in favor of appellee |
| 26 | | 08/06/2004 | |
Judgment Mailed to Parties |
| 27 | | 08/27/2004 | |
MANDATE |
| 28 | | 09/01/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 11/22/2010 | |
EXPUNGED - Nonpermanent record items destroyed |