Hagerott v. Morton Co. Bd. of Commissioners

20090180 Donald Hagerott and
Mark Hagerott, Appellants
v.
Morton County Board
of Commissioners, Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Bruce B. Haskell
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Tami Lyn Norgard
Appellee: Randall Joseph Bakke
Appellee: David Ray Phillips
Term: 11/2009   Argument: 11/09/2009  1:30pm
ND cite: 2010 ND 32
NW cite: 778 N.W.2d 813

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the Morton County Board of Commissioners' actions were arbitrary, capricious and unreasonable in violation of their own ordinance requiring a one-mile setback for new feedlots from residences where they permitted Fred Berger's feedlot within the one-mile from the Hagerott's homesite where Hagerott recently obtained a building permit, began dirt work and moved a mobile home on-site?

Appellee's Statement of the Issues:
I. Whether plaintiffs/appellants Donald Hagerott and Mark Hagerott have standing to appeal the decision of the Morton County Board of Commissioners to grant Fred Berger's conditional use permit for the development of a cattle feedlot?
II. Whether the decision of the Morton County Board of Commissioners to grant a conditional use permit to Fred Berger for the development of a cattle feedlot was arbitrary, capricious or unreasonable?
III. Whether the issue of alleged unconstitutional taking without just compensation is properly before this Court, and if so, whether there was a taking of Donald Hagerott and Mark Hagerott's property without just compensation?

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Docket entries:
106/18/2009 NOTICE OF APPEAL: 06/16/2009
206/18/2009 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
306/19/2009 ORDER FOR TRANSCRIPT (By Appellee Randall J. Bakke): 06/18/2009
407/22/2009 TRANSCRIPT DATED December 11, 2008, & C.O.S.
507/22/2009 DISK-TRA (12/11/08) E-MAILED
607/21/2009 RECORD ON APPEAL - includes transcripts dated 7-1-08 & 7-17-08
708/31/2009 APPELLANT BRIEF
808/31/2009 E-FILED BRIEF - ATB
908/31/2009 APPELLANT APPENDIX
1008/31/2009 E-FILED APPENDIX - ATA
1109/01/2009 Received $25 surcharge for ATB (Receipt #18983)
1209/08/2009 Received 7 copies of ATB from CSD
1309/08/2009 Received 6 copies of ATA from CSD
1409/09/2009 Received $5 surcharge for ATA overage (Receipt #18993)
1509/24/2009 STIPULATION (re letter in ATA at p. 93 being part of the ROA) signed by Norgard & Bakke
1609/25/2009 Received surcharge for AEB (Receipt #19006)
1709/24/2009 APPELLEE BRIEF
1809/24/2009 E-FILED BRIEF (AEB)
1909/24/2009 APPELLEE APPENDIX
2009/24/2009 E-FILED APPENDIX (AEA)
2109/28/2009 Received $25 surcharge for AEB
2209/29/2009 Received 7 copies of AEB from CSD
2309/29/2009 Received 6 copies of AEA from CSD
2410/08/2009 REPLY BRIEF (e-filed) (PDF)
2510/08/2009 E-FILED BRIEF (RYB)(PDF)
2610/12/2009 Received 7 copies of RYB from CSD
2710/20/2009 NOTICE OF ORAL ARGUMENT SENT
2810/21/2009 SITTING WITH THE COURT: Webb, Wade L.
2911/02/2009 Request for Radio/TV Coverage (KCND - FM) approved
3011/09/2009 APPEARANCES: Tami L. Norgard/Randall J. Bakke
3111/09/2009 ARGUED: Norgard/Bakke
3211/09/2009 ORAL ARGUMENT WEBCAST
3302/22/2010 DISPOSITION: AFFIRMED
3402/22/2010 UNANIMOUS OPINION: Maring
3502/22/2010 Costs on appeal taxed in favor of Appellee
3602/22/2010 Judgment Sent to Parties
3703/24/2010 MANDATE
3803/26/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014