Burlington Northern v. Fail
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| 20070212 |
Burlington Northern Railroad Company, Plaintiff and Appellee
v.
James S. Fail and Fail Antique Auto, Inc.,
d/b/a Fail Antique and Customizing, Defendants and Appellants
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Sonja Clapp |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
02/2008 Argument: 02/14/2008 01:30pm
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| ND cite: |
2008 ND 114
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| NW cite: |
751 N.W.2d 188
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the trial court's findings and resulting conclusions of law that the Quitclaim deed dated January 12, 1989 from Burlington Northern Railroad Company, formerly named Burlington Northern Inc., to Glacier Park Company was drafted in a manner to
be sufficient under the law to reserve an easement in the grantor were erroneous?
Appellee's Statement of the Issues:
1. Whether the District Court correctly concluded as a matter of law that a railroad easement for spur tracks existing on the premises in question that continue to service a potato warehouse located to the north of those premises was reserved in a
Quit Claim Deed.
2. Whether actual notice of the existence of the spur tracks and/or actual notice of a partial summary judgment confirming the existence of a railroad easement for those spur tracks at the time the premises in question were acquired precludes any
challenge to the reservation of the railroad easement in the Quit Claim Deed.
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| 1 | | 07/26/2007 | |
NOTICE OF APPEAL: 07/24/2007 |
| 2 | | 07/26/2007 | |
ORDER FOR TRANSCRIPT: 07/24/2007 |
| 3 | | 07/26/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 4 | | 08/20/2007 | |
RETENTION OF RECORD ON APPEAL: 09/12/2007 |
| 5 | | 09/14/2007 | |
MOT. EXT/TIME TRANSCRIPT (Nancy Krogstad) |
| 6 | | 09/14/2007 | |
ACTION BY TRIAL COURT (Hon. Sonja Clapp). Granted: 10/22/2007 |
| 7 | | 10/18/2007 | |
RECORD ON APPEAL (2 vols.), Exhibits, & transcript dated 1-19-93 (Not rec'd: #7--Def's Exh. 1-- |
| 8 | | 10/18/2007 | |
Quitclaim Deed, which was returned to Joel Arnason on 9-17-02; and 47, 66, 90, 91, 92,& 153 |
| 9 | | 10/19/2007 | |
Steno &Shorthand Notes) |
| 10 | | 10/19/2007 | |
TRANSCRIPT DATED DECEMBER 13, 2006 |
| 11 | | 10/22/2007 | |
DISK-tra |
| 12 | | 10/22/2007 | |
certificate of service of copies of transcripts |
| 13 | | 11/15/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (e-mailed) |
| 14 | | 11/15/2007 | |
E-FILED MOTION (MAT) |
| 15 | | 11/15/2007 | |
Response to Mot. Ext/Time ATB - no objection (e-mailed) |
| 16 | | 11/15/2007 | |
EFILED RESPONSE to Mot. Ext/Time ATB |
| 17 | | 11/15/2007 | |
ACTION BY CLERK (MAT). Granted: 12/14/2007 |
| 18 | | 12/14/2007 | |
APPELLANT APPENDIX (e-filed pdf) |
| 19 | | 12/14/2007 | |
E-FILED APPENDIX |
| 20 | | 12/14/2007 | |
APPELLANT BRIEF (pdf) |
| 21 | | 12/14/2007 | |
E-FILED BRIEF (ATB - pdf) |
| 22 | | 12/14/2007 | |
Received surcharge for ATB (Receipt no. 17950) |
| 23 | | 12/21/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 24 | | 12/21/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 25 | | 01/14/2008 | |
APPELLEE BRIEF (e-filed) |
| 26 | | 01/14/2008 | |
E-FILED BRIEF (AEB) |
| 27 | | 01/15/2008 | |
Received $25 surcharge for AEB (Receipt #17985) |
| 28 | | 01/18/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 29 | | 01/23/2008 | |
REPLY BRIEF (e-filed) (PDF) |
| 30 | | 01/23/2008 | |
E-FILED BRIEF (RYB) (PDF) |
| 31 | | 01/23/2008 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 32 | | 01/30/2008 | |
Received 7 copies of RYB from Central Duplicating |
| 33 | | 02/14/2008 | |
APPEARANCES: Patrick W. Fisher; Stephen W. Plambeck, Jason R. Crance |
| 34 | | 02/14/2008 | |
ARGUED: Fisher; Plambeck |
| 35 | | 02/14/2008 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 06/09/2008 | |
DISPOSITION: AFFIRMED |
| 37 | | 06/09/2008 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 38 | | 06/09/2008 | |
Costs on appeal taxed in favor of Appellee |
| 39 | | 06/06/2008 | |
Judgment e-mailed to Parties |
| 40 | | 07/01/2008 | |
MANDATE |
| 41 | | 07/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |