Farmers Union Oil Company v. Smetana

20080158 Farmers Union Oil Company
of Garrison, d/b/a Cenex, Plaintiff and Appellee
v.
George A. Smetana,
Carolyn J. Smetana, Defendants and Appellants
and
Lewis Bauer, Constance T.
Scheel, and Constance M.
Narad, Defendants

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce B. Haskell
Nature of Action: Real Property
Counsel:
Appellant: Farhart Wolff, P.C.
Appellee: Schulz Geiermann & Bergeson Law Offices, P.C.
Term: 10/2008   Argument: 10/13/2008  10:45am
ND cite: 2009 ND 74
NW cite: 764 N.W.2d 665

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.The District Court erred in granting summary judgment against Defendants George Smetana and Carolyn Smetana (Smetanas), in finding, as a matter of law, the Smetanas were not Bona Fide purchasers for value with regard to the disputed parcel of real property.
2.The District Court erred in granting summary judgment against the Smetanas in finding, as a matter of law, that Farmers Union Oil Company of Garrison, d/b/a Cenex (Cenex) was not negligent in determining the location of the relevant boundaries with respect to the disputed parcel of real property.


Appellee's Statement of the Issues:
1. Whether the District Court erred in granting Summary Judgment to Cenex.
2. Whether the District Court erred in finding, as a matter of law, the Smetana's were not bona fide purchasers for value with regard to the disputed parcel of real property.
3. Whether the District Court erred in finding, as a matter of law, Cenex was not negligent in determining the boundaries of the March 1992 deed.

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Docket entries:
106/30/2008 NOTICE OF APPEAL: 06/26/2008
207/31/2008 RECORD ON APPEAL including separate depositions (4)
308/04/2008 MOT. EXT/TIME APPELLANT BRIEF
408/04/2008 ACTION BY CLERK. Granted: 08/12/2008
508/12/2008 APPELLANT BRIEF (e-filed) (PDF)
608/12/2008 E-FILED BRIEF (ATB) (PDF)
708/12/2008 APPELLANT APPENDIX
808/14/2008 Received $25 surcharge for ATB (Receipt No. 18212)
908/18/2008 Received copies of ATB from Central Duplicating
1009/10/2008 APPELLEE BRIEF
1109/10/2008 DISK- aeb
1209/29/2008 REPLY BRIEF (e-filed) PDF
1309/29/2008 E-FILED BRIEF (RYB) PDF
1410/01/2008 Received copies of Appellant's Reply Brief from Central Duplicating Services
1510/13/2008 APPEARANCES: James G. Wolff; Michael Geiermann
1610/13/2008 ARGUED: Wolff; Geiermann
1710/13/2008 ORAL ARGUMENT WEBCAST
1804/30/2009 DISPOSITION: REVERSED AND REMANDED
1904/30/2009 SPLIT OPINION: Kapsner, Carol Ronning
2004/30/2009 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
2104/30/2009 Costs on appeal taxed in favor of Appellants
2205/04/2009 Judgment E-Mailed & Mailedto Parties
2305/27/2009 MANDATE
2406/01/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014