Knutson v. City of Fargo

20050355 Douglas R. Knutson, and
Linda F. Knutson, Plaintiffs and Appellants
v.
City of Fargo, North
Dakota, a municipal
corporation, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Real Property
Counsel:
Appellant: Garaas Law Firm
Appellee: Patricia Ann Laney , Asst. City Attorney
Term: 02/2006   Argument: 02/14/2006  10:00am
ND cite: 2006 ND 97
NW cite: 714 N.W.2d 44

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
110/13/2005 NOTICE OF APPEAL: 10/12/2005
210/13/2005 ORDER FOR TRANSCRIPT: 10/12/2005
311/08/2005 TRANSCRIPT DATED August 30, 2005
411/09/2005 DISK - tra (8-30-05)
511/10/2005 RECORD ON APPEAL (not rec'd: #16-tape)
612/16/2005 APPELLANT BRIEF
712/16/2005 APPELLANT APPENDIX
812/19/2005 Affidavit of Service by Mail
912/19/2005 DISK - ATB
1001/13/2006 APPELLEE BRIEF
1101/17/2006 DISK - AEB
1201/24/2006 REPLY BRIEF
1301/25/2006 DISK - RYB
1402/14/2006 APPEARANCES: David A. Garaas; Patricia A. Roscoe
1502/14/2006 ARGUED: Garaas; Roscoe
1602/14/2006 ORAL ARGUMENT WEBCAST
1705/11/2006 DISPOSITION: AFFIRMED
1805/11/2006 SPLIT OPINION: Sandstrom, Dale V.
1905/11/2006 Concurring in the result: Kapsner, Carol Ronning: CON/RES
2005/11/2006 Costs on appeal taxed in favor of Appellee
2105/15/2006 Judgment Mailed to Parties
2205/23/2006 PETITION FOR REHEARING
2305/24/2006 DISK - PER
2406/01/2006 ACTION BY SUPREME COURT (PER). Denied
2506/12/2006 MANDATE
2606/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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