Knutson v. City of Fargo
Douglas R. Knutson, and
Linda F. Knutson, Plaintiffs and Appellants
City of Fargo, North
Dakota, a municipal
corporation, Defendant and Appellee
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Real Property|
|Term:||02/2006  Argument: 02/14/2006|
|ND cite:||2006 ND 97|
714 N.W.2d 44
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the lower court err when it dismissed the Knutsons' inverse condemnation action against the City of Fargo?
2. Did the lower court err when it dismissed the Knutsons' trespass and negligence actions against the City of Fargo because of a claimed discretionary function?
3. Do the undisputed facts of this case establish a taking or damaging for a public purpose entitling the Knutsons to be compensated for their injuries as a matter of law?
4. Do the undisputed facts of this case establish that the City of Fargo is liable to the Knutsons in tort as a matter of law?
Appellee's Statement of the Issues:
I. Did the trial court properly dismiss Plaintiffs' tort and trespass claims against the City of Fargo?
A. The trial court properly concluded that the Plaintiffs' negligence claim against the City is barred.
B. The trial court properly dismissed Plaintiffs' trespass claim against the City.
II. Did the trial court properly conclude that damage to private property caused by a broken city water main does not constitute a compensable taking under Article 1, section 16 of the North Dakota Constitution?
A. Constitutional provision and takings law generally.
B. The trial court properly concluded that Plaintiffs are not entitled to compensation under Section 16.
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|1||10/13/2005 NOTICE OF APPEAL: 10/12/2005|
|2||10/13/2005 ORDER FOR TRANSCRIPT: 10/12/2005|
|3||11/08/2005 TRANSCRIPT DATED August 30, 2005|
|4||11/09/2005 DISK - tra (8-30-05)|
|5||11/10/2005 RECORD ON APPEAL (not rec'd: #16-tape)|
|6||12/16/2005 APPELLANT BRIEF|
|7||12/16/2005 APPELLANT APPENDIX|
|8||12/19/2005 Affidavit of Service by Mail|
|9||12/19/2005 DISK - ATB|
|10||01/13/2006 APPELLEE BRIEF|
|11||01/17/2006 DISK - AEB|
|12||01/24/2006 REPLY BRIEF|
|13||01/25/2006 DISK - RYB|
|14||02/14/2006 APPEARANCES: David A. Garaas; Patricia A. Roscoe|
|15||02/14/2006 ARGUED: Garaas; Roscoe|
|16||02/14/2006 ORAL ARGUMENT WEBCAST|
|17||05/11/2006 DISPOSITION: AFFIRMED|
|18||05/11/2006 SPLIT OPINION: Sandstrom, Dale V.|
|19||05/11/2006 Concurring in the result: Kapsner, Carol Ronning: CON/RES|
|20||05/11/2006 Costs on appeal taxed in favor of Appellee|
|21||05/15/2006 Judgment Mailed to Parties|
|22||05/23/2006 PETITION FOR REHEARING|
|23||05/24/2006 DISK - PER|
|24||06/01/2006 ACTION BY SUPREME COURT (PER). Denied|
|26||06/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|27||02/04/2016 EXPUNGED - Nonpermanent record items destroyed|