Leet v. City of Minot

20060011 Charles Leet and
Janet Leet, Plaintiffs and Appellants
v.
City of Minot, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Personal Injury
Counsel:
Appellant: Conmy Feste, Ltd.
Appellee: Olson & Burns P.C.
Term: 04/2006   Argument: 04/26/2006  10:45am
ND cite: 2006 ND 191
NW cite: 721 N.W.2d 398

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/10/2006 NOTICE OF APPEAL: 01/09/2006
202/07/2006 RECORD ON APPEAL, including 10 depositions
302/16/2006 APPELLANT BRIEF (e-filed) (PDF)
402/16/2006 E-FILED BRIEF (ATB)
502/16/2006 APPELLANT APPENDIX (e-filed)
602/16/2006 E-FILED APPENDIX (ATA)
702/21/2006 Payment of $25 surcharge for ATB (Receipt #16766)
802/23/2006 Copies of ATB from Central Duplicating
902/23/2006 Copies of ATA from Central Duplicating
1003/14/2006 APPELLEE BRIEF (e-filed)
1103/14/2006 E-FILED BRIEF (AEB)
1203/15/2006 Payment of $25 fee for filing electronic AEB (Receipt #16791)
1303/15/2006 Copies made of e-filed AEB
1403/27/2006 REPLY BRIEF of Appellant
1503/27/2006 E-FILED BRIEF (RYB)
1603/28/2006 Copies of RYB made
1704/26/2006 APPEARANCES: Kim E. Brust and Stephannie N. Stiel; William E. Bergman
1804/26/2006 ARGUED: Brust; Bergman
1904/26/2006 ORAL ARGUMENT WEBCAST
2009/13/2006 DISPOSITION: REVERSED AND REMANDED
2109/13/2006 SPLIT OPINION: VandeWalle, Gerald W.
2209/13/2006 (Concurring and Dissenting): Crothers, Daniel John: CON/DIS
2309/13/2006 Costs on appeal taxed in favor of appellants
2409/14/2006 Judgment Mailed to Parties
2510/05/2006 MANDATE
2610/11/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/19/2014