Grand Forks Housing Authority v. Grand Forks Board of County Commissioners

20100196 In the Matter of Appeal of
Grand Forks Housing Authorities, Appellant
v.
Grand Forks Board of County
Commissioners, Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Russell John Melland
Appellee: John Alan Warcup , Spec. Asst. State's Atty.
Term: 11/2010   Argument: 11/15/2010  11:00am
ND cite: 2010 ND 245
NW cite: 793 N.W.2d 168

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Issues: Appellant's Statement of the Issues:
I.Whether the Grand Forks Board of County Commissioners erroneously affirmed the City's denial of the Grand Forks Housing Authority's application for tax abatements for 2006 and 2007 because it did not find substantial evidence to support an agreement existed between the City and the Grand Forks Housing Authority to make payments in lieu of taxes.
II.Whether the Grand Forks Board of County Commissioners erroneously interpreted North Dakota statutory law by denying the Grand Forks Housing Authority's request for tax abatements for 2006 and 2007, as it determined that the taxes paid were paid as a voluntary payment in lieu of taxes.
III.Whether the district court should have ordered that the case be remanded to allow for the Grand Forks Board of County Commissioners to review the transcripts of the hearings before the City of Grand Forks which were not made a part of the record as approved by the City Board's motion.

Appellee's Statement of the Issues:
1. Whether the Grand Forks County Board of Commissioners acted in an arbitrary, capricious or unreasonable manner by denying the Grand Forks Housing Authority's request for abatement for 2006 and 2007.
2. Whether the Grand Forks County Board of Commissioners applied the appropriate statutes when making its decisions to deny abatement.
3. Whether remand to the Grand Forks County Board of Commissioners to consider additional evidence is required when such evidence was never offered to the Grand Forks County Commission by the Grand Forks Housing Authority.

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Docket entries:
106/30/2010 NOTICE OF APPEAL: 06/28/2010
207/15/2010 Response from Melland re: not consolidating cases.
307/26/2010 RECORD ON APPEAL and separate no. 4 (transcript 07-07-09: 3 binders, 1 cd),
407/26/2010 not rec'd nos. 28 (steno notes) & 29 (data error)
508/09/2010 APPELLANT BRIEF (e-filed) PDF
608/09/2010 E-FILED BRIEF (ATB) PDF
708/09/2010 APPELLANT APPENDIX (e-filed) PDF
808/09/2010 E-FILED APPENDIX (ATA) PDF
908/12/2010 Received $25 e-filing surcharge for ATB (Receipt #19770).
1008/18/2010 Received 7 copies of ATB from Central Duplicating.
1108/18/2010 Received 6 copies of ATA from Central Duplicating.
1209/08/2010 APPELLEE BRIEF (e-filed)
1309/08/2010 E-FILED BRIEF (AEB)
1409/10/2010 Received $25 surcharge for AEB (Receipt #19955)
1509/17/2010 Received 7 copies of AEB from CSD
1609/27/2010 REPLY BRIEF (e-filed) PDF
1709/27/2010 E-FILED BRIEF (RYB) PDF
1809/30/2010 RECEIVED 7 COPIES OF RYB FROM CENTRAL DUPLICATING.
1910/18/2010 NOTICE OF ORAL ARGUMENT SENT
2011/15/2010 APPEARANCES: Russell J. Melland; John A. Warcup
2111/15/2010 ARGUED: Russell J. Melland; John A. Warcup
2211/15/2010 ORAL ARGUMENT WEBCAST
2312/21/2010 DISPOSITION: AFFIRMED
2412/21/2010 UNANIMOUS OPINION: Maring, Mary Muehlen
2512/21/2010 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
2612/27/2010 Judgment Sent to Parties
2701/19/2011 MANDATE
2802/02/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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