Eichhorn v. The Waldo Township Bd. of Supervisors

20050295 Ervin Eichhorn, Petitioner and Appellant
v.
The Waldo Township Board of
Supervisors, County of Richland,
State of North Dakota, and Harry Emde,
Robert M. "Shotz" Kinn, and Gerald
Wirtz, constituting the members of
said board and the duly designated
Waldo Township Overseers of Highways, Respondents and Appellees
and
The Richland County Water Resource
District, a body politic and corporate, Applicant for Intervention
and Appellee

Appeal from: District Court, Southeast Judicial District, Richland County
Judge Ronald E. Goodman
Nature of Action: Writ of Mandamus (Civil)
Counsel:
Appellant: Garaas Law Firm
Appellee: #Ohnstad Twichell, P.C.
Appellee: Oppegard, Wolf & Quinton
Term: 04/2006   Argument: 04/12/2006  2:45pm
ND cite: 2006 ND 214
NW cite: 723 N.W.2d 112

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Should intervention in a mandamus action be allowed when the District Court does not have jurisdiction because the inferior board seeking intervention only has the right to provide discretionary comments?
2. Does the District Court acquire jurisdiction over an inferior board seeking intervention in a mandamus action by consent of the party seeking intervention?
3. Does an inferior board have the right to disregard the determination of the North Dakota State Engineer that it must install a culvert [or other devise] of sufficient capacity to permit the water to flow freely and unimpeded through the culvert [or other devise]?
4. Is it appropriate for a political subdivision of the State of North Dakota to force a citizen of North Dakota to utilize the legal process to protect his rights and property when there exists a final statutory determination of the North Dakota State Engineer, never appealed, and several North Dakota Supreme Court decisions that would compel such action by the township authorities?
5. Is it appropriate for a political subdivision of the State of North Dakota having general jurisdiction over the roads, highways, and bridges throughout the township [N.D.C.C. Chap. 24-06] to allow itself to be supplanted by another political subdivision having only statutory limited right to provide comments?
6. Should the District Court have caused issuance of a Writ of Mandamus by the Clerk of the District Court of Richland County commanding Waldo Township to install a culvert or bridge of sufficient capacity to permit the water to flow freely and unimpeded through the culvert or under the bridge in conformity with the determination of the North Dakota State Engineer for the Culvert Site in accordance with N.D.C.C.  24-03-08?

Appellee's Statement of the Issues:
I. Whether the Richland County District Court erred in allowing the intervention of the Richland County Water Resource District?
II. Whether the Richland County District Court erred in denying petitioner Ervin Eichhorn's Petition for Writ of Mandamus?

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Docket entries:
108/29/2005 NOTICE OF APPEAL: 08/25/2005
208/29/2005 ORDER FOR TRANSCRIPT: 08/25/2005
309/22/2005 RECORD ON APPEAL with separate entry 35 (exhibits)
410/13/2005 MOT. EXT/TIME TRANSCRIPT (Vicky Matthys)
510/13/2005 ACTION BY TRIAL COURT. Granted: 11/23/2005
610/21/2005 MOTION FOR Return of ROA (Requested by Ct. Reporter)
710/21/2005 RETURN OF ROA TO DIST. CT.
810/21/2005 ACTION BY CLERK. Granted
911/10/2005 Transcript dated 11-8-04 & 11-9-04 (2 volumes)
1011/10/2005 DISK - tra (11/8/04 & 11/9/04) (e-mailed)
1111/22/2005 TRANSCRIPT DATED 6-11-03
1211/23/2005 DISK - tra (6-11-03)
1311/22/2005 Refiled RECORD ON APPEAL & Exhibits(after return)
1401/03/2006 MOTION for Limited Remand for correction of modification of the Record under NDRAppP 10(h)
1501/03/2006 ACTION BY CHIEF JUSTICE (Limited remand). Granted
1601/03/2006 ORDER OF REMAND
1701/03/2006 MOT. EXT/TIME APPELLANT BRIEF (see motion for limited remand)
1801/03/2006 ACTION BY CHIEF JUSTICE (ATB due 15 days after the filing of the disposition of Rule 10(b) motion). Granted: 02/28/2006
1901/06/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2002/15/2006 Refiled RECORD ON APPEAL & Exhibits (After Remand)
2102/16/2006 APPELLANT BRIEF
2202/16/2006 APPELLANT APPENDIX
2302/16/2006 DISK - ATB
2403/14/2006 APPELLEE BRIEF Richland County Water Resource District (e-filed pdf)
2503/14/2006 E-FILED BRIEF (AEB Richland County Water Resource District)
2603/14/2006 APPELLEE APPENDIX Richland County Water Resource District (e-filed)
2703/14/2006 E-FILED APPENDIX (AEA Richland County Water Resource District)
2803/14/2006 Received $26 surcharge for AEB and AEA
2903/15/2006 APPELLEE BRIEF (Respondents/Appellees Waldo Township, etc.)
3003/15/2006 DISK - aeb (Respondents/Appellees Waldo Township, et al.) (e-mailed)
3103/21/2006 Received copies of Richland Co. AE Appendix from Central Duplicating
3203/30/2006 REPLY BRIEF of Appellant
3303/30/2006 Addendum to Reply Brief (attached to RYB)
3403/31/2006 DISK - RYB
3504/12/2006 APPEARANCES: Jonathan T. Garaas; Corey J. Quinton; Duane R. Breitling
3604/12/2006 ARGUED: Garaas; Quinton; Breitling
3704/12/2006 ORAL ARGUMENT WEBCAST
3810/17/2006 DISPOSITION: AFFIRMED
3910/17/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
4010/17/2006 Costs on appeal taxed in favor of appellees
4110/18/2006 Order/Judgment Mailed to Parties
4210/30/2006 PETITION FOR REHEARING
4310/30/2006 DISK - PER
4411/07/2006 ACTION BY SUPREME COURT (Petition for Rehearing). Denied
4511/21/2006 MANDATE
4611/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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