City of Fargo v. Malme

20080069 City of Fargo, Plaintiff and Appellee
v.
Mitch Malme and Mitch
Malme Investments, L.L.C., a
North Dakota limited liability
company, Defendants and Appellants

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Other (Civil)
Counsel:
Appellant: Garaas Law Firm
Appellee: Scott Orel Diamond , Asst. City Attorney
Term: 09/2008   Argument: 09/02/2008  9:30am
ND cite: 2008 ND 172
NW cite: 756 N.W.2d 197

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Are Mitch Malme and Mitch Malme Investments, L.L.C., entitled to a remedy including payment of attorney's fees, costs and disbursements to vindicate the violation of their federal civil rights?
2. Did the District Court Judge honor the Judgment of the Supreme Court of North Dakota in City of Fargo v. Malme, 2007 ND 137, 737 N.W.2d 390?

Appellee's Statement of the Issues:
I.Did the district court abuse its discretion in denying attorney fees by following the Supreme Court judgment directing that Malme receive costs in accordance with Rule 39 of the Rules of Appellate Procedure?
II.Did the district court abuse its discretion in denying attorney fees when there was no contractual or statutory basis to award attorney fees?
III.Did the district court abuse its discretion in denying attorney fees in response to a claim under 42 U.S.C.  1988(b), which was raised for the first time on remand, when the prevailing party prevailed purely on state law grounds and there was no determination that any constitutional rights were violated?


Add Docket 20080069 RSS Add Docket 20080069 RSS

Docket entries:
103/18/2008 NOTICE OF APPEAL: 03/14/2008
203/18/2008 ORDER FOR TRANSCRIPT: 03/14/2008
304/15/2008 RECORD ON APPEAL & separates (Entry Nos. 5 & 30-32). Not rec'd were CR tapes (Entry Nos. 14 & 36).
404/21/2008 TRANSCRIPT DATED October 11, 2007
504/21/2008 DISK - TRA (10-11-07) (e-filed)
604/22/2008 Certificate of Service of TRA
705/07/2008 Notice of Appearance (Scott O. Diamond, Assistant City Attorney for Appellee City of Fargo)
806/02/2008 APPELLANT BRIEF
906/02/2008 APPELLANT APPENDIX
1006/03/2008 DISK - ATB (e-mailed)
1106/05/2008 Received corrected Certificate of Service for ATB
1207/03/2008 APPELLEE BRIEF
1307/07/2008 DISK-AEB (E-MAILED)
1407/19/2008 REPLY BRIEF of Appellants
1507/21/2008 Affidavit of Service by Mail of RYB
1607/21/2008 DISK - ryb
1709/02/2008 APPEARANCES: Jonathan T. Garaas; Scott O. Diamond
1809/02/2008 ARGUED: Garaas; Diamond
1909/02/2008 ORAL ARGUMENT WEBCAST
2009/23/2008 DISPOSITION (Affirmed AS Modified): AFFIRMED AND MODIFIED
2109/23/2008 UNANIMOUS OPINION: Crothers, Daniel John
2209/23/2008 The parties shall each bear their own costs on this appeal.
2309/24/2008 Judgment E-Mailed & Mailed to Parties
2410/07/2008 PETITION FOR REHEARING
2510/07/2008 Addendum to Petition for Rehearing
2610/24/2008 ACTION BY SUPREME COURT (PER). Denied
2711/07/2008 MANDATE
2811/12/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/30/2014