Schmidt v. Gateway Community Fellowship
Randall R. Schmidt, Plaintiffs and Appellants
v.
Gateway Community Fellowship,
a North Dakota corporation, and
North Bismarck Associates II, a
North Dakota general partnership, Defendants and Appellees
Judge David E. Reich
| Appellant: | Ariston Edward Johnson | |
| Appellee: | Chris A. Edison | |
| Appellee: | Stephen W. Plambeck | |
| Appellant: | David Del Schweigert |
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1. Whether the District Court erred in viewing the evidence in a light less favorable to the Appellants than required by law;
2. Whether the District Court erred in failing to consider the evidence that the Defendants willfully and maliciously failed to guard or warn against a dangerous condition, use, structure, or activity;
3. Whether the District Court erred in its interpretation of Chapter 53-08, N.D.C.C.;
4. Whether the District Court erred in finding, as a matter of law, that Jacqueline K. Schmidt's use of the subject land was recreational in character;
5. Whether the District Court erred in finding, as a matter of law, that there was no charge for Jacqueline K. Schmidt's use of the subject land; and
6. Whether the District Court erred in holding that Chapter 53-08, N.D.C.C., is not unconstitutional as applied to the facts of this case.
Appellee's Statement of the Issues:
A. Whether the district court correctly determined Jacqueline Schmidt entered the premises for a "recreational purpose" as defined by N.D.C.C. 53-08-01.
B. Whether the district court correctly determined the Jacqueline Schmidt was not charged a fee for entry onto the land for purposes of N.D.C.C. 53-08-05.
C. Whether the Schmidts submitted competent, admissible evidence raising an inference of "willful" and "malicious" conduct on the part of Gateway Community Fellowship under N.D.C.C. 53-08-05(1).
D. Whether the district court correctly determined the recreational use immunity statutes are constitutional as applied in this case.
Appellee's Statement of the Issues:
1. Whether Plaintiffs' response to Defendants' summary judgment motions, by affidavits or otherwise, set forth specific facts showing there was a genuine issue for trial on any of the claims alleged in the complaint?
2. Whether Chapter 53-08, N.D.C.C., as applied to the facts of this case, is unconstitutional?
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