Riverwood Commercial Park v. Standard Oil Company

20060122

Riverwood Commercial Park, LLC,
and Tom S. Freidt, Plaintiffs and Appellants
v.
Standard Oil Company, Inc., a/k/a
BP, and Tesoro Refining and Marketing
Company, Defendants and Appellees

Appeal from:

District Court, South Central Judicial District, Morton County
Judge Donald L. Jorgensen

Nature of Action:

Real Property

Counsel:

Appellant:		Chad C. Nodland, P.C.
Appellee:		Vogel Law Firm
Appellee:		Schulz Geiermann & Bergeson Law Offices, P.C.

Term:

10/2006 Argument: 10/18/2006 02:45pm

ND cite:

2007 ND 36

NW cite:

729 N.W.2d 101

Listen to recording of oral argument
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Issues:

Appellant's Statement of the Issues:
1. Whether it was proper for the court to grant a Rule 12(b)(vi) motion when there are still disputed issues of material fact.
2. Whether the North Dakota Supreme Court should adopt the trial court's view that bringing an action of eviction precludes the bringing of any subsequent action by a plaintiff against a defendant, including actions for subsequent torts.
3. Whether it is proper for a trial court to dismiss claims brought by a plaintiff where the plaintiff has declined to join parties against whom a defendant may have separate, third-party causes of action.
4. Whether the trial court committed reversible error by dismissing the plaintiffs' case under the circumstances set forth herein.
5. Whether the trial court committed error by failing to grant the plaintiffs' motion to amend the complaint to allow them to pursue exemplary damages against Tesoro.

Appellee's Statement of the Issues:
1. Did the District Court err in dismissing plaintiff's complaint with prejudice?

Appellee's Statement of the Issues:
1. Did the District Court properly conclude that Appellants' claims, which are based upon facts previously determined by the District Court in earlier proceedings, are precluded by the doctrines of res judicata and law of the case?
2. Did the District Court properly dismiss Appellants' Complaint after it refused to comply with the District Court's Order to join necessary parties - parties whose interests would have been jeopardized had the District Court proceeded in their absence?

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Docket entries:

1	04/24/2006	NOTICE OF APPEAL: 04/20/2006
2	04/24/2006	ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
3	05/22/2006	RECORD ON APPEAL & separate # 37
4	05/26/2006	MOT. EXT/TIME APPELLANT BRIEF
5	05/26/2006	ACTION BY CLERK. Granted: 06/13/2006
6	06/16/2006	APPELLANT BRIEF
7	06/16/2006	APPELLANT APPENDIX
8	06/16/2006	DISK of atb
9	06/22/2006	MOT. EXT/TIME APPELLANT BRIEF (letter from Chad Nodland dated 6-21-06)
10	06/22/2006	ACTION BY CLERK (MAT). Granted: 06/16/2006
11	07/19/2006	APPELLEE BRIEF of Tesoro Refining & Marketing Co.
12	07/19/2006	APPELLEE APPENDIX of Tesoro Refining & Marketing Co.
13	07/19/2006	DISK - AEB (Tesoro)
14	07/19/2006	APPELLEE BRIEF of Standard Oil Company, a/k/a BP
15	07/19/2006	Addendum to AEB of Standard Oil (attached to AEB)
16	07/19/2006	DISK of AEB of Standard Oil
17	07/20/2006	Rec'd Copies of Table of Contents for Appellee's Tesoro Refining Appendix
18	09/22/2006	SITTING WITH THE COURT: Schmalenberger, Allan L.
19	10/18/2006	APPEARANCES: Chad C. Nodland; Michael J. Geiermann; John C. Kapsner and Kari R. Reichert
20	10/18/2006	ARGUED: Nodland; Geiermann and Kapsner
21	10/18/2006	ORAL ARGUMENT WEBCAST
22	03/05/2007	DISPOSITION: REVERSED AND REMANDED
23	03/05/2007	UNANIMOUS OPINION: Maring, Mary Muehlen
24	03/05/2007	(CONCUR in the result): Crothers, Daniel John: CON/RES
25	03/05/2007	(CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
26	03/05/2007	Costs on appeal taxed in favor of appellants
27	03/05/2007	Judgment Mailed to Parties
28	03/27/2007	MANDATE
29	03/29/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
30	04/04/2007	Corrected Opinion Page 12

Generated from Supreme Court Docket on 05/17/2013