Department of Labor v. Matrix Properties

20080224 State of North Dakota,
by North Dakota Department
of Labor, for the benefit
of Evert Johnson, Plaintiff and Appellant
v.
Matrix Properties Corporation,
f/k/a E.W. Wylie Corporation,
Wild & Associates, Ltd., and
Ulteig Engineers, Inc., Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Other (Civil)
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Anderson, Bottrell, Sanden & Thompson
Appellee: Wold Johnson, P.C.
Amicus curiae: Margaret Moore Jackson
Amicus curiae: Daniel Michael Schaffzin
Amicus curiae: David E. Boeck , State Agency
Term: 02/2009   Argument: 02/18/2009  1:30pm
ND cite: 2009 ND 137
NW cite: 770 N.W.2d 290

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A person may file a civil action not later than the second year after the termination of an alleged discriminatory housing practice. The apartment building was constructed in 1998. Within two years of moving into the apartment building Evert Johnson, a disabled individual, filed a complaint alleging the apartment building is not in compliance with design and construction requirements. Had the discriminatory housing practice terminated more than two years prior to Johnson's complaint being filed?

Supplemental Appellant's Brief Issue

The district court's order of dismissal without prejudice is appealable.

Appellee's Statement of the Issues:
Does the two-year statute of limitations period provided for in N.D.C.C.  14-02.5-39(1) (2008) begin when the last Certificate of Occupancy is issued?

Appellee's Statement of the Issues:
An aggrieved person may file a civil action in district court not later than the second year after the date of the occurrence or the termination of an alleged discriminatory housing practice. The apartment building's construction was completed in 1998, and Evert Johnson, a disabled individual, filed a complaint alleging the apartment building was not in compliance with design and construction requirements in 2005. Did Johnson file a timely complaint?
Add Docket 20080224 RSS Add Docket 20080224 RSS

Docket entries:
109/09/2008 NOTICE OF APPEAL: 09/08/2008
209/09/2008 ORDER FOR TRANSCRIPT: 09/08/2008
309/09/2008 TRANSCRIPT DATED July 18, 2008
409/10/2008 DISK - tra (7-18-08)
509/10/2008 Certificate of Service of TRA
609/11/2008 Amended Certificate of Delivery for copies of transcript
710/09/2008 RECORD ON APPEAL & original transcript dated 7-18-08
810/17/2008 AMICUS CURIAE BRIEF of Fair Housing of the Dakotas, et al.
910/20/2008 DISK - ACB Fair Housing of Dakotas, et al. (CD-Rom)
1010/20/2008 Affidavit of Service by Mail of Amici Curiae Brief, Fair Housing of Dakotas et al.
1110/20/2008 APPELLANT BRIEF
1210/20/2008 APPELLANT APPENDIX
1310/20/2008 DISK - atb (e-mailed)
1410/20/2008 Affidavit of Service by Mail (ATB)
1510/20/2008 MOTION FOR Leave to File Amici Curiae Brief (Fair Housing of the Dakotas, et al.)
1610/20/2008 MOTION to Participate in Oral Argument on Behalf of Amici Curiae (Fair Housing of Dakotas et al.)
1710/20/2008 MOTION for Leave to File Amicus Curiae Brief (Protection & Advocacy)
1810/20/2008 E-FILED MOTION (Mot. Leave to File Amicus--Protection & Advocacy)
1910/21/2008 ACTION BY CHIEF JUSTICE (Motion to File Amici Curaie Brief--Fair Housing of Dakotas). Granted
2010/21/2008 ACTION BY CHIEF JUSTICE (Mot. Participate in Oral Arg.--Fair Housing of Dakotas). Denied
2110/21/2008 ACTION BY CHIEF JUSTICE (Mot. Leave to File Amicus Curiae Brief--Protection & Advocacy). Granted
2210/21/2008 AMICUS CURIAE BRIEF -- Protection and Advocacy Project
2310/21/2008 E-FILED BRIEF (Amicus Curiae Protection & Advocacy)
2410/23/2008 Received copies of Amicus Curiae Brief of Protection & Advocacy from Central Duplicating Services
2510/29/2008 Consent to Representation by Student Practitioners (e-filed)
2611/03/2008 SUPPLEMENTAL APPELLANT'S BRIEF
2711/03/2008 Affidavit of Service by Mail on Appellees
2811/04/2008 DISK - Supplemental Appellant's Brief (e-mailed)
2911/04/2008 Affidavit of Service by Mail of Appellee's Brief on Amici Curiae
3012/04/2008 APPELLEE BRIEF-WILD & ASSOCIATES, INC.
3112/05/2008 APPELLEE BRIEF-MATRIX PROPERTIES CORP. AND ULTEIG ENGINEERS, INC.
3212/12/2008 DISK - AEB - Matrix Properties
3312/12/2008 Received Affidavit of Service of Matrix AEB
3412/22/2008 E-filing surcharge for Amicus Brief of Protection and Advocacy - Journal ID 719997
3512/24/2008 Corrected pages ii and 13 for AEB of Wild and Associates
3612/24/2008 CD of AEB - Wild and Associates.
3712/29/2008 Motion for Continuance and Affidavit in Support of oral argument
3812/29/2008 E-FILED MOTION (Motion for Continuance)
3912/30/2008 Fax from Mr. Toay stating that Mr. Pitcher, Mr. Thompson and Ms. Andrews agree to the continuance
4012/30/2008 ACTION BY SUPREME COURT (Motion for Continuance). Granted
4101/02/2009 Corrected page 14 of AEB - Wild & Associates
4202/18/2009 APPEARANCES: Michael T. Pitcher, Assistant Attorney General; Lori Conroy, 3rd year law student;
4302/18/2009 Krista L. Andrews; Brian P. Toay
4402/18/2009 ARGUED: Pitcher; Andrews; Toay
4502/18/2009 ORAL ARGUMENT WEBCAST
4607/21/2009 DISPOSITION: AFFIRMED
4707/21/2009 SPLIT OPINION: VandeWalle, Gerald W.
4807/21/2009 (DISSENTING): Kapsner, Carol Ronning: DISSENT
4907/21/2009 (JOIN IN THE DISSENT): Maring, Mary Muehlen: JN/DIS
5007/21/2009 Costs on appeal taxed in favor of appellees
5107/22/2009 Judgment E-Mailed to Parties
5208/13/2009 MANDATE
5308/18/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5407/07/2011 Corrected/Substitute Opinion Page 4

Generated from Supreme Court Docket on 12/19/2014