City of Fargo v. Salsman

20080162 City of Fargo, Plaintiff and Appellee
v.
Robert E. Salsman, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Garaas Law Firm
Appellee: Scott Orel Diamond , City Attorney
Term: 11/2008   Argument: 11/04/2008  2:00pm
ND cite: 2009 ND 15
NW cite: 760 N.W.2d 123

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Issues: Appellant's Statement of the Issues:
1. Did the District Court exceed its jurisdiction in any of the following ways:
A. By not requiring an action for abatement of nuisance be brought by the attorney general, the state health officer, the state's attorney, or a citizen of Cass County, North Dakota?
B. By allowing the City of Fargo to pursue a "private nuisance" without allegation or evidence of a special injury to a private right not common to the public?
2. Did the District Court fail to find facts "specially" in violation of its duty under N.D.R.Civ.P. 52(a)?
3. Did the District Court err when it accepted municipal ordinance definition(s) to supplant the definition of nuisance under the laws of the State of North Dakota?
4. Does the City of Fargo have the authority to change car registration or operation requirements?
5. Did the City of Fargo introduce evidence sufficient to prove a nuisance?
6. Is the District Court's determination that there was a nuisance on Landowner's real property clearly erroneous?

Appellee's Statement of the Issues:
I. Whether the district court's findings of facts were clearly erroneous.
II. Whether a municipality can bring a civil nuisance abatement action in its own name in the district court.
III. Whether the district court has jurisdiction over a civil nuisance abatement action brought under state law.
IV. Whether the state law or the Fargo municipal code prohibitions against nuisances are void for vagueness or overly broad.
V. Whether N.D.C.C.  39-26-13 applies to property that constitutes a health hazard and is not screened from ordinary public view.

Appellee's Statement of the Issues:
Appellant's Reply Brief Issues: Inexplicably, the City of Fargo ["FARGO"] has failed to address many of the issues raised by Robert E. Salsman ["Landowner" or "Landowner Salsman"].
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Docket entries:
107/08/2008 NOTICE OF APPEAL: 07/07/2008
207/08/2008 ORDER FOR TRANSCRIPT: 07/07/2008
307/17/2008 TRANSCRIPT DATED MARCH 19, 2008 (ORIGINAL FILED IN RECORD)
407/18/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
507/18/2008 DISK-TRA (3/19/08) ELECTRONIC
608/07/2008 RECORD ON APPEAL - includes separate entry nos. 29,32, & 33 (orig. tra dtd 3-1-08)
708/25/2008 Supplemental Clerk's Certificate dated 8-22-08 (Entry Nos. 56-58)
808/25/2008 APPELLANT BRIEF
908/25/2008 Addendum to Appellant's Brief
1008/25/2008 APPELLANT APPENDIX
1108/26/2008 DISK - ATB
1209/26/2008 APPELLEE BRIEF
1309/26/2008 DISK - aeb (e-mailed)
1409/29/2008 Affidavit of Service by Mail of AEB
1510/13/2008 REPLY BRIEF
1610/13/2008 Addendum to Reply Brief
1710/14/2008 DISK - RYB
1811/04/2008 APPEARANCES: Jonathan T. Garaas; Scott O. Diamond
1911/04/2008 ARGUED: Garaas; Diamond
2011/04/2008 ORAL ARGUMENT WEBCAST
2102/03/2009 DISPOSITION: AFFIRMED
2202/03/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
2302/03/2009 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
2402/05/2009 Judgment Mailed to Parties
2502/27/2009 MANDATE
2603/03/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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