Riverwood Commercial Park v. Standard Oil Co., Inc.
Park, LLC, Plaintiff and Appellant
v.
Standard Oil Company, Inc., Defendant
and
Tesoro Refining and Marketing
Company, Defendant and Appellee
Judge Thomas J. Schneider
| Appellant: | Chad C. Nodland, P.C. | |
| Appellee: | Schulz Geiermann & Bergeson Law Offices, P.C. |
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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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