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  2:45pm
ND cite: 2007 ND 36
NW cite: 729 N.W.2d 101

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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:
104/24/2006 NOTICE OF APPEAL: 04/20/2006
204/24/2006 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
305/22/2006 RECORD ON APPEAL & separate # 37
405/26/2006 MOT. EXT/TIME APPELLANT BRIEF
505/26/2006 ACTION BY CLERK. Granted: 06/13/2006
606/16/2006 APPELLANT BRIEF
706/16/2006 APPELLANT APPENDIX
806/16/2006 DISK of atb
906/22/2006 MOT. EXT/TIME APPELLANT BRIEF (letter from Chad Nodland dated 6-21-06)
1006/22/2006 ACTION BY CLERK (MAT). Granted: 06/16/2006
1107/19/2006 APPELLEE BRIEF of Tesoro Refining & Marketing Co.
1207/19/2006 APPELLEE APPENDIX of Tesoro Refining & Marketing Co.
1307/19/2006 DISK - AEB (Tesoro)
1407/19/2006 APPELLEE BRIEF of Standard Oil Company, a/k/a BP
1507/19/2006 Addendum to AEB of Standard Oil (attached to AEB)
1607/19/2006 DISK of AEB of Standard Oil
1707/20/2006 Rec'd Copies of Table of Contents for Appellee's Tesoro Refining Appendix
1809/22/2006 SITTING WITH THE COURT: Schmalenberger, Allan L.
1910/18/2006 APPEARANCES: Chad C. Nodland; Michael J. Geiermann; John C. Kapsner and Kari R. Reichert
2010/18/2006 ARGUED: Nodland; Geiermann and Kapsner
2110/18/2006 ORAL ARGUMENT WEBCAST
2203/05/2007 DISPOSITION: REVERSED AND REMANDED
2303/05/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2403/05/2007 (CONCUR in the result): Crothers, Daniel John: CON/RES
2503/05/2007 (CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
2603/05/2007 Costs on appeal taxed in favor of appellants
2703/05/2007 Judgment Mailed to Parties
2803/27/2007 MANDATE
2903/29/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3004/04/2007 Corrected Opinion Page 12

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