Beeter v. Sawyer Disposal
and Larry Beeter, Plaintiffs and Appellees
v.
Sawyer Disposal LLC, Defendant and Appellant
Judge William W. McLees
| Appellant: | Kelsch, Kelsch, Ruff & Kranda | |
| Appellant: | Lawyer not licensed in N.D. | |
| Appellee: | Eaton, Ward & Associates |
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1.Notwithstanding the trial judge's correct holding that a deed covenant did not qualify as a covenant running with the land, did the trial judge commit reversible error when he concluded that the subjective intent of the parties to the deed was conclusive of whether such deed covenant would be binding on successors in title to the conveyed land?
2.Did the trial judge commit reversible error by concluding that a deed provision entitling the Seller of real property to 6% of the gross revenue from waste disposal operations of the Buyer on the deeded property, or within a five mile radius thereof, was an interest in real property "retained" by the Seller?
Appellee's Statement of the Issues:
1. Whether - under North Dakota real property law - grantors (the Beeters) may convey land used for an industrial landfill, but retain the right in their deed of conveyance to receive a portion of future revenues from such use, in such a manner as to bind a later grantee of the land (Sawyer Disposal), when and if Sawyer Disposal puts the land to that particular use?
2. Whether - under North Dakota contract law - and without regard to how the first issue is resolved, Sawyer has under the facts of this case assumed the original grantee's obligation (as set forth in the Beeters' deed of conveyance of the landfill with later agreed-to modifications), to share with the Beeters a portion of future revenues derived from using the land as a landfill?
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