State ex rel. Dept. of Labor v. Riemers

20090190 State of North Dakota, by
North Dakota Department of
Labor, for the benefit of
Fair Housing of the Dakotas, Plaintiff and Appellee
v.
Roland Riemers, Defendant and Appellant
and
Affordable Apartments, LLC, Defendant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Other (Civil)
Counsel:
Appellant: Pro se
Appellee: Michael Trent Pitcher , Att. General Office
Term: 11/2009   Argument: 11/30/2009  10:00am
ND cite: 2010 ND 43
NW cite: 779 N.W.2d 649

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Issues: Appellant's Statement of the Issues:
I. Did the Court err and deny Roland Riemers (here-in-after just Riemers) his right to Due Process under the 14th Amendment to the U.S. Constitution by denying his Rule 60 N.D.R.Civ.P. request to reopen the case when this Court had already clearly indicated the District Court had violated Rule 55, and thus violated federally mandated Due Process?
II. Did the Court err and violate Riemers state and federal constitutional right to Commercial Free Speech by punishing him for publishing a truthful rental advertisement, and thus the judgment has to be considered null and void?

Appellee's Statement of the Issues:
I. Default judgment was entered against Riemers. Riemers filed a request to reopen case. The district court denied Riemers' request. Riemers appealed the default judgment but did not appeal the order denying his request to reopen case. This Court held Riemers' failure to file a notice of appeal on his request to reopen case precluded relief from being granted. Riemers now appeals from the denial of his second request to reopen case. Is Riemers' claim barred by res judicata or the law of the case?
II. Riemers' second request to reopen the case, dated April 20, 2009, came almost 5 months after entry of this Court's judgment and 14 months after the district court's denial of his first request to reopen the case. Should Riemers' appeal be denied because his April 20, 2009, request to reopen the case was untimely?
III. Riemers never raised a constitutional free speech argument before the district court in either of his requests to reopen the case. Is Riemers' constitutional free speech argument barred because it was not raised below?
IV. Commercial speech concerning unlawful activity is not protected speech under the First Amendment. Riemers' rental advertisement was commercial speech concerning illegal housing discrimination. Was Riemers free to publish discriminatory advertising?

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Docket entries:
106/24/2009 NOTICE OF APPEAL: 06/19/2009
207/15/2009 RECORD ON APPEAL & Separates (Entry No. 3).
307/27/2009 MOT. EXT/TIME APPELLANT BRIEF
407/27/2009 ACTION BY CLERK (MAT). Granted: 08/28/2009
507/31/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (indicates 2 docs filed in error were returned.
608/03/2009 Received corrected register of actions. (Entry Nos 47 & 48 Per Clerk all parties served w/correct)
708/27/2009 APPELLANT BRIEF
808/27/2009 APPELLANT APPENDIX
908/28/2009 DISK OF ATB (e-mailed)
1009/28/2009 APPELLEE BRIEF, w/attached Exhibit A
1109/29/2009 DISK - aeb (e-mailed)
1210/12/2009 "Amended" Affidavit of Service by Mail of AEB on Mr. Riemers
1310/20/2009 NOTICE OF ORAL ARGUMENT SENT
1411/02/2009 Request for Radio/TV Coverage (KCND - FM) approved
1511/30/2009 APPEARANCES: Roland C Riemers, Pro se; Michael T. Pitcher, Asst. Attorney General
1611/30/2009 ARGUED: Riemers; Pitcher
1711/30/3009 ORAL ARGUMENT WEBCAST
1803/16/2010 DISPOSITION: AFFIRMED
1903/16/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
2003/16/2010 Costs on Appeal taxed in favor of Appellee
2103/17/2010 Judgment Sent to Parties
2204/12/2010 MANDATE
2304/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/22/2014