Charles McCauley Partnership v. Tyrone Township
Charles McCauley Partnership,
L.L.L.P., Plaintiff and Appellant
Tyrone Township, a municipal
corporation, Defendant and Appellee
Northwest Judicial District,
Judge David W. Nelson
|Nature of Action:||Real Property|
|Term:||10/2004  Argument: 10/05/2004 2:45pm|
|ND cite:||2004 ND 214|
689 N.W.2d 410
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20040175 RSS|
|1||06/29/2004||NOTICE OF APPEAL: 06/23/2004|
|2||07/19/2004||RECORD ON APPEAL (3 volumes)(not rec'd - recorders logs)|
|5||08/02/2004||DISK - ATB|
|6||08/05/2004||Page 262 for ATA|
|7||08/11/2004||Page 261 for ATA|
|9||08/25/2004||DISK - AEB|
|11||09/10/2004||DISK of ryb|
|12||10/05/2004||APPEARANCES: Garth H. Sjue; Dwight C. Eiken and Ron Sylte|
|13||10/05/2004||ARGUED: Sjue; Eiken (Vol. Z; Page 36)|
|14||10/05/2004||ORAL ARGUMENT WEBCAST|
|15||11/19/2004||DISPOSITION: REVERSED AND REMANDED|
|16||11/19/2004||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|17||11/19/2004||Costs on appeal awarded in favor of the Appellant|
|18||11/22/2004||Judgment Mailed to Parties|
|20||12/16/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|21||09/07/2011||EXPUNGED - Nonpermanent record items destroyed|