Riverwood Commercial Park v. Standard Oil Co., Inc.

20040314 Riverwood Commercial
Park, LLC, Plaintiff and Appellant
v.
Standard Oil Company, Inc., Defendant
and
Tesoro Refining and Marketing
Company, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Thomas J. Schneider
Nature of Action: Real Property
Counsel:
Appellant: Chad C. Nodland, P.C.
Appellee: Schulz Geiermann & Bergeson Law Offices, P.C.
Term: 02/2005   Argument: 02/08/2005  9:30am
ND cite: 2005 ND 118
NW cite: 698 N.W.2d 478

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
111/08/2004 NOTICE OF APPEAL: 11/05/2004
212/06/2004 RECORD ON APPEAL
312/15/2004 APPELLANT BRIEF
412/15/2004 DISK - ATB
512/15/2004 APPELLANT APPENDIX
601/12/2005 APPELLEE BRIEF
701/12/2005 DISK - AEB
801/20/2005 Request for Radio/TV Coverage (AP) e-mail dated 1-20-05 from Dale Wetzel (AUTHORIZED)
902/08/2005 APPEARANCES: Chad C. Nodland; Michael Geiermann
1002/08/2005 ARGUED: Nodland; Geiermann (Vol. Z; Page 81)
1102/08/2005 ORAL ARGUMENT WEBCAST
1204/18/2005 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1306/22/2005 DISPOSITION: AFFIRMED
1406/22/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
1506/22/2005 Costs on appeal taxed in favor of appellee
1606/23/2005 Judgment Mailed to Parties
1707/19/2005 MANDATE
1807/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1912/29/2011 EXPUNGED - Nonpermanent record items destroyed

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