Tibert v. City of Minto

20050393 Mark Tibert and Suzi Tibert,
and Melvin Tibert and Cathy Tibert, Plaintiffs and Appellants
v.
The City of Minto, through its
governing body, an incorporated
political subdivision, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge Laurie A. Fontaine
Nature of Action: Real Property
Counsel:
Appellant: David C. Thompson, P.C.
Appellee: Nicholas B. Hall , City Attorney
Appellee: Pearson Christensen & Clapp, PLLP
Term: 06/2006   Argument: 06/30/2006  10:45am
ND cite: 2006 ND 189
NW cite: 720 N.W.2d 921

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Issues: Appellant's Statement of the Issues:
A. The decision by the Minto City Council to permit Minto Grain, LLC, to construct three grain storage structures directly within the easement right-of-way of that roadway known as "Kilowatt Drive" was any and all of the following: arbitrary, capricious, oppressive, with unreasonable, and this decision also being unsupported by substantial evidence.
B. Alternatively, the court should reverse the decision of the district court in this case, upon the grounds that the failure by the Minto Planning & Zoning Committee to prepare or maintain any minutes of that body's decisional meeting of June 24, 2003, prior to the decision of the Minto City Council on July 7, 2003, caused the decision of the Minto City Council of July 7, 2003, to be a decision which was rendered either arbitrary, capricious, oppressive, and/or unreasonable, being further unsupported by substantial evidence.

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Docket entries:
111/16/2005 NOTICE OF APPEAL: 11/15/2005
211/16/2005 ORDER FOR TRANSCRIPT: 11/15/2005
312/13/2005 RECORD ON APPEAL
412/30/2005 TRANSCRIPT DATED 7-06-05
512/30/2005 DISK (e-mailed) TRA dated 7-06-05
601/06/2006 Notice of Appearance (Ronald F. Fischer for Appellee City of Minto)
702/07/2006 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
802/07/2006 E-FILED MOTION (MAT)
902/07/2006 ACTION BY CLERK (MAT). Granted: 03/01/2006
1003/01/2006 MOT. EXT/TIME APPELLANT BRIEF (2nd)
1103/01/2006 E-FILED MOTION (MAT 2nd)
1203/02/2006 ACTION BY CLERK (MAT 2nd). Granted: 03/06/2006
1303/06/2006 APPELLANT BRIEF (e-filed)
1403/06/2006 E-FILED BRIEF (ATB)
1503/06/2006 APPELLANT APPENDIX (e-filed)
1603/06/2006 E-FILED APPENDIX (ATA)
1703/06/2006 Payment of $39.50 surcharge for ATB & ATA (Receipt #16785)
1803/10/2006 Received Copies of ATA from Central Duplicating
1903/13/2006 Received copies of ATB from Central Duplicating
2003/28/2006 MOT. EXT/TIME APPELLEE BRIEF & Affidavit of Ronald F. Fischer in Support & Aff. Service by mail
2103/28/2006 ACTION BY CLERK (MAE). Granted: 05/05/2006
2205/04/2006 APPELLEE BRIEF (PDF)
2305/04/2006 E-FILED BRIEF (AEB)
2405/04/2006 Addendum to Appellee's Brief
2505/05/2006 Received $25 surcharge for AEB (Receipt 16858)
2605/18/2006 MOT. EXT/TIME REPLY BRIEF; AFFIDAVIT OF DAVID C. THOMPSON IN SUPPORT OF MRY
2705/18/2006 E-FILED MOTION (MRY)
2805/18/2006 ACTION BY ACTING CHIEF JUSTICE (MRY). Granted: 05/31/2006
2905/22/2006 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
3005/24/2006 SITTING WITH THE COURT: Bekken, James M.
3105/30/2006 MOT. EXT/TIME REPLY BRIEF
3205/30/2006 E-FILED MOTION (MRY)
3305/30/2006 ACTION BY CLERK (MRY). Granted: 06/02/2006
3406/02/2006 REPLY BRIEF of Appellants (e-filed)
3506/02/2006 E-FILED BRIEF (RYB)
3606/05/2006 Copies made of RYB
3706/30/2006 APPEARANCES: David C. Thompson, Melvin Tibert, Mark Tibert; Ronald F. Fischer
3806/30/2006 ARGUED: Thompson; Fischer
3906/30/2006 ORAL ARGUMENT WEBCAST
4008/28/2006 DISPOSITION: AFFIRMED
4108/28/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
4208/28/2006 Costs on appeal taxed in favor of Appellee
4308/29/2006 Order/Judgment Mailed to Parties
4409/19/2006 MANDATE
4509/22/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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