Leet v. City of Minot
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| 20060011 |
Charles Leet and
Janet Leet, Plaintiffs and Appellants
v.
City of Minot, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge William W. McLees |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
04/2006 Argument: 04/26/2006 10:45am
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| ND cite: |
2006 ND 191
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| NW cite: |
721 N.W.2d 398
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the district court erred in allowing the affirmative defense of recreational immunity to be asserted for the first time in a summary judgment motion.
2. Whether the district court erred in granting summary judgment and finding that the recreational use immunity statutes of the North Dakota Century Code were applicable.
Appellee's Statement of the Issues:
1. Whether the District Court abused its discretion in allowing the affirmative defense of recreational immunity to be asserted for the first time in a summary judgment motion.
2. Whether the District Court erred in granting summary judgment and finding that the recreational use immunity statutes of the North Dakota Century Code were applicable.
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| 1 | | 01/10/2006 | |
NOTICE OF APPEAL: 01/09/2006 |
| 2 | | 02/07/2006 | |
RECORD ON APPEAL, including 10 depositions |
| 3 | | 02/16/2006 | |
APPELLANT BRIEF (e-filed) (PDF) |
| 4 | | 02/16/2006 | |
E-FILED BRIEF (ATB) |
| 5 | | 02/16/2006 | |
APPELLANT APPENDIX (e-filed) |
| 6 | | 02/16/2006 | |
E-FILED APPENDIX (ATA) |
| 7 | | 02/21/2006 | |
Payment of $25 surcharge for ATB (Receipt #16766) |
| 8 | | 02/23/2006 | |
Copies of ATB from Central Duplicating |
| 9 | | 02/23/2006 | |
Copies of ATA from Central Duplicating |
| 10 | | 03/14/2006 | |
APPELLEE BRIEF (e-filed) |
| 11 | | 03/14/2006 | |
E-FILED BRIEF (AEB) |
| 12 | | 03/15/2006 | |
Payment of $25 fee for filing electronic AEB (Receipt #16791) |
| 13 | | 03/15/2006 | |
Copies made of e-filed AEB |
| 14 | | 03/27/2006 | |
REPLY BRIEF of Appellant |
| 15 | | 03/27/2006 | |
E-FILED BRIEF (RYB) |
| 16 | | 03/28/2006 | |
Copies of RYB made |
| 17 | | 04/26/2006 | |
APPEARANCES: Kim E. Brust and Stephannie N. Stiel; William E. Bergman |
| 18 | | 04/26/2006 | |
ARGUED: Brust; Bergman |
| 19 | | 04/26/2006 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 09/13/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 21 | | 09/13/2006 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 22 | | 09/13/2006 | |
(Concurring and Dissenting): Crothers, Daniel John: CON/DIS |
| 23 | | 09/13/2006 | |
Costs on appeal taxed in favor of appellants |
| 24 | | 09/14/2006 | |
Judgment Mailed to Parties |
| 25 | | 10/05/2006 | |
MANDATE |
| 26 | | 10/11/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |