Hager v. City of Devils Lake

20090050 Kenneth Hager, Agathy C.
Baker, Irene Streifel,
Raymond Hager, Cecelia
Parkos and Bernice Bays, Plaintiffs and Appellants
v.
City of Devils Lake, a
municipal corporation, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge John C. McClintock, Jr.
Nature of Action: Real Property
Counsel:
Appellant: Ohnstad Twichell, P.C.
Appellee: #Pearson Christensen & Clapp, PLLP
Term: 05/2009   Argument: 05/15/2009  10:00am
ND cite: 2009 ND 180
NW cite: 773 N.W.2d 420

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the District Court committed an error of law in granting summary judgment based upon its legal conclusions that all of Plaintiffs' claims were barred by the Statute of Limitations.
II. Whether the District Court committed an error of law in determining the City of Devils Lake is entitled to an Irrevocable Permissive License.
III. Whether the District Court erred as a matter of law in ruling the liability arguments made by the City of Devils Lake are not barred by the doctrine of Res Judicata.
IV. Whether the District Court erred as a matter of law by allowing the taxation of 50 percent of the costs and fees requested by the City of Devils Lake and abused its discretion by allowing the taxation of expert witness fees against Plaintiffs.

Appellee's Statement of the Issues:
I. Whether the trial court properly dismissed this action because the Plaintiffs' claims were time barred since they were not commenced within the applicable statute of limitations period? II. Whether the trial court correctly granted the City an irrevocable permissive license over the Larger Parcel because the Drainage Project was requested by and benefited Plaintiffs? III. Whether the trial court properly exercised in discretion in assessing the City's costs and disbursements against the Plaintiffs? IV. Whether the trial court correctly decided res judicata did not apply when the claims in this case were not adjudicated in the prior action by stipulation of the parties?

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Docket entries:
102/05/2009 NOTICE OF APPEAL: 02/03/2009
203/04/2009 RECORD ON APPEAL (2 volumes)
303/16/2009 APPELLANT BRIEF (e-filed)
403/16/2009 E-FILED BRIEF (ATB)
503/16/2009 APPELLANT APPENDIX (e-filed)
603/16/2009 E-FILED APPENDIX (ATA)
703/17/2009 Received surcharge for ATB & ATA (Receipt #18761)
803/17/2009 Amended Notice of Appeal (filed in trial court on 3-15-09)
903/17/2009 Supplemental Clerk's Certificate dated 3-16-09 (Entry Nos. 88-94)
1003/18/2009 Received additional surcharge of $1.50 for e-filed ATB & ATA (Receipt #18762)
1103/19/2009 Received copies of ATB from CSD
1203/19/2009 Received copies of ATA from CSD
1304/20/2009 APPELLEE BRIEF (e-filed)
1404/20/2009 E-FILED BRIEF (AEB)
1504/20/2009 APPELLEE APPENDIX (e-filed)
1604/20/2009 E-FILED APPENDIX (AEA)
1704/27/2009 Rec'd $25 surcharge for AEB (receipt # 18819)
1804/29/2009 Received cc of AEB from Central Duplicating
1904/29/2009 Received copies of AEA from Central Duplicating
2005/07/2009 REPLY BRIEF (e-filed) (PDF)
2105/07/2009 E-FILED BRIEF (RYB) (PDF)
2205/07/2009 Made 7 copies of RYB
2305/15/2009 APPEARANCES: Christopher M. McShane/Daniel L. Gaustad
2405/15/2009 ARGUED: McShane/Gaustad
2505/15/2009 ORAL ARGUMENT WEBCAST
2610/13/2009 DISPOSITION: AFFIRMED AND MODIFIED
2710/13/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
2810/13/2009 Costs on appeal taxed in favor of appellee
2910/14/2009 Judgment Sent to Parties
3011/05/2009 MANDATE
3111/12/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/17/2014