Beeter v. Sawyer Disposal

20080346 Brian Beeter, Dennis Beeter,
and Larry Beeter, Plaintiffs and Appellees
v.
Sawyer Disposal LLC, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Contracts
Counsel:
Appellant: Kelsch, Kelsch, Ruff & Kranda
Appellant: Lawyer not licensed in N.D.
Appellee: Eaton, Ward & Associates
Term: 04/2009   Argument: 04/07/2009  1:30pm
ND cite: 2009 ND 153
NW cite: 771 N.W.2d 282

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
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?

Add Docket 20080346 RSS Add Docket 20080346 RSS

Docket entries:
112/24/2008 NOTICE OF APPEAL: 12/23/2008
201/16/2009 Affidavit of Out-of-State Attorney Whitton E. Norris
301/23/2009 RECORD ON APPEAL (5 volumes) and Separates (Entry Nos. 76 & 98).
402/02/2009 APPELLANT BRIEF
502/02/2009 APPELLANT APPENDIX
602/04/2009 DISK-ATB (e-mailed)
702/27/2009 APPELLEE BRIEF
802/27/2009 DISK - aeb (e-mailed)
903/13/2009 REPLY BRIEF
1003/13/2009 DISK - RYB (e-mailed)
1104/07/2009 APPEARANCES: Whitton E. Norris, III, Thomas D. Kelsch/Nevin Van de Streek
1204/07/2009 ARGUED: Norris/Van de Streek
1304/07/2009 ORAL ARGUMENT WEBCAST
1408/18/2009 DISPOSITION: REVERSED AND REMANDED
1508/18/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
1608/18/2009 Costs on appeal taxed in favor of Appellant.
1708/19/2009 Judgment E-Mailed to Parties
1809/11/2009 MANDATE
1909/14/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014