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 10:00am|
|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)|
|8||12/19/2005||Affidavit of Service by Mail|
|9||12/19/2005||DISK - ATB|
|11||01/17/2006||DISK - AEB|
|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|
|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|