Riverwood Commercial Park v. Standard Oil Co., Inc.
Park, LLC, Plaintiff and Appellant
Standard Oil Company, Inc., Defendant
Tesoro Refining and Marketing
Company, Defendant and Appellee
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Real Property|
|Term:||02/2005  Argument: 02/08/2005|
|ND cite:||2005 ND 118|
698 N.W.2d 478
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether a landowner may use North Dakota's eviction statute to have a trespasser summarily removed from his/her property.
2. Whether the act by a trespasser of locking a landowner out of a portion of the landowner's real property rises to the level of being a "use of force" that would allow for that trespasser to be evicted.
3. Whether it is sufficient notice of cancellation of a lease/license for the landowner to have a process server hand-deliver to the registered agent of the tenant/licensee corporation a notice of intention to evict which clearly indicates the reasons for the eviction, including the breach of the lease/license by the tenant/licensee.
4. Where the purchaser of a pipeline from a seller who has a terminable, non-transferable lease or license to maintain the pipeline on another person's property, and where - from the landowner's perspective - both the pipeline seller and the purchaser were in breach of the terms of the lease or license, whether the landowner may bring an eviction action to have the licenseless, contract breaching, trespassing purchaser remove the trespassing pipeline from the landowner's property.
Appellee's Statement of the Issues:
Did the Trial Court properly dismiss Riverwood Commercial Park, LLC's complaint?
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|1||11/08/2004 NOTICE OF APPEAL: 11/05/2004|
|2||12/06/2004 RECORD ON APPEAL|
|3||12/15/2004 APPELLANT BRIEF|
|4||12/15/2004 DISK - ATB|
|5||12/15/2004 APPELLANT APPENDIX|
|6||01/12/2005 APPELLEE BRIEF|
|7||01/12/2005 DISK - AEB|
|8||01/20/2005 Request for Radio/TV Coverage (AP) e-mail dated 1-20-05 from Dale Wetzel (AUTHORIZED)|
|9||02/08/2005 APPEARANCES: Chad C. Nodland; Michael Geiermann|
|10||02/08/2005 ARGUED: Nodland; Geiermann (Vol. Z; Page 81)|
|11||02/08/2005 ORAL ARGUMENT WEBCAST|
|12||04/18/2005 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|13||06/22/2005 DISPOSITION: AFFIRMED|
|14||06/22/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|15||06/22/2005 Costs on appeal taxed in favor of appellee|
|16||06/23/2005 Judgment Mailed to Parties|
|18||07/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|19||12/29/2011 EXPUNGED - Nonpermanent record items destroyed|