Riverwood Commercial Park v. Standard Oil Company
Riverwood Commercial Park, LLC,
and Tom S. Freidt, Plaintiffs and Appellants
Standard Oil Company, Inc., a/k/a
BP, and Tesoro Refining and Marketing
Company, Defendants and Appellees
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Real Property|
|Term:||10/2006  Argument: 10/18/2006|
|ND cite:||2007 ND 36|
729 N.W.2d 101
Listen to recording of oral argument in MP3 format
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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|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|
|29||03/29/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|30||04/04/2007 Corrected Opinion Page 12|
|31||08/19/2016 EXPUNGED - Nonpermanent record items destroyed|