Charles McCauley Partnership v. Tyrone Township

20040175 Charles McCauley Partnership,
L.L.L.P., Plaintiff and Appellant
v.
Tyrone Township, a municipal
corporation, Defendant and Appellee
Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Real Property
Counsel:
Appellee: Neff Eiken & Neff, PC
Appellant: Crowley, Haughey, Hanson, Toole & Dietrich, PLLP
Term: 10/2004   Argument: 10/05/2004  02:45pm
ND cite: 2004 ND 214
NW cite: 689 N.W.2d 410

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Issues: Appellant's Statement of the Issues:
1. Did the District Court commit reversible error in granting the Township's motion for summary judgment and determining that Tyrone Township had not abandoned the easements?
2. Did the District Court commit reversible error in granting Tyrone Township's motion for summary judgment and issuing an injunction as requested in its counterclaim without considering the affirmative defenses raised by the Charles McCauley Partnership, L.L.L.P.?
3. Did the District Court commit reversible error in determining that the Charles McCauley Partnership, L.L.L.P.'s claim of abandonment of the easements at issue by Tyrone Township was frivolous?
4. Did the District Court commit reversible error in awarding the Township its attorneys' fees when it had filed to timely request them under Rule 54(e)(2) of the N.D.R.Civ.P.?

Appellee's Statement of the Issues:
1. Did the District Court properly order summary judgment against McCauley when it found continued usage of the Tyrone Township Road?
2: Did the District Court act correctly in failing to find that the Tyrone Township Road had been abandoned?
3: Upon determining McCauley's action was frivolous, was it an abuse of discretion for the district court to award costs and limited attorney's fees to Tyrone Township?
4: Did the district court correctly allow the taxation of limited attorney's fees against McCauley?
5: Did the district court correctly grant limited injunctive relief to Tyrone Township?

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Docket entries:
106/29/2004 NOTICE OF APPEAL: 06/23/2004
207/19/2004 RECORD ON APPEAL (3 volumes)(not rec'd - recorders logs)
307/30/2004 APPELLANT BRIEF
407/30/2004 APPELLANT APPENDIX
508/02/2004 DISK - ATB
608/05/2004 Page 262 for ATA
708/11/2004 Page 261 for ATA
808/24/2004 APPELLEE BRIEF
908/25/2004 DISK - AEB
1009/09/2004 REPLY BRIEF
1109/10/2004 DISK of ryb
1210/05/2004 APPEARANCES: Garth H. Sjue; Dwight C. Eiken and Ron Sylte
1310/05/2004 ARGUED: Sjue; Eiken (Vol. Z; Page 36)
1410/05/2004 ORAL ARGUMENT WEBCAST
1511/19/2004 DISPOSITION: REVERSED AND REMANDED
1611/19/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
1711/19/2004 Costs on appeal awarded in favor of the Appellant
1811/22/2004 Judgment Mailed to Parties
1912/13/2004 MANDATE

Generated from Supreme Court Docket on 11/20/2008