Grand Forks Homes, Inc. v. Grand Forks Bd. of Co. Comm'r

20100197 In the Matter of Appeal of
Grand Forks Homes, Inc., Continental
Homes, Inc., Homestead Place, MDI
Limited Partnership #35, and Faith
& Hope, LP, Appellants
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  1:30pm
ND cite: 2011 ND 50
NW cite: 795 N.W.2d 381

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the Board erroneously interpreted North Dakota constitutional and statutory law when it refused to exempt Appellants' properties from taxation as properties belonging to institutions of "public charity" as required by N.D.C.C. 57-02-08(8) or as "property used exclusively for charitable or other public purposes" as required by Article X, Section 5 of the North Dakota Constitution.
II.Whether the tapes or transcripts of meetings held by the Grand Forks City Council and the Grand Forks City Council Finance and Development Standby Committee constituted material evidence necessary for the District Court to review the Grand Forks County Board of County Commission's decision to deny the Appellants' applications for abatement.

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 requests for abatement from ad valorem taxation for the years 2006, 2007 and 2008.
2. Whether remand to the Grand Forks Board of Commissioners to consider additional evidence is required when such evidence was never offered to the Grand Forks County Board of Commissioners by Grand Forks Homes, Inc., Continental Homes, Inc., Homestead Place, MDI Limited Partnership #35, Faith & Hope, LP or Terzetto Village, LLC.

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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 surcharge for ATB & $48.50 for ATA (Receipt #19768).
1008/15/2010 This case is consolidated w/20100202. Make all entries in this case except DIS & MAN.
1108/18/2010 Received 7 copies of ATB from Central Duplicating.
1208/18/2010 Received 6 copies of ATA from Central Duplicating.
1308/19/2010 Affidavit of service of hand-delivery on 8/19/10.
1408/19/2010 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
1508/19/2010 ACTION BY CLERK (MAE) sua sponte. Granted: 09/20/2010
1609/20/2010 APPELLEE BRIEF (E-filed) (PDF)
1709/20/2010 E-FILED BRIEF (AEB)
1809/22/2010 Received surcharge for AEB (Receipt #19972)
1909/30/2010 Received 7 copies of AEB from CSD
2010/07/2010 REPLY BRIEF (e-filed)
2110/07/2010 E-FILED BRIEF (RYB)
2210/07/2010 RYB Appendix (e-filed)
2310/07/2010 E-FILED APPENDIX (RYB)
2410/11/2010 Rec'd 7 copies of RYB from Central Duplicating.
2510/11/2010 Rec'd 7 copies of RYB appendix from Central Duplicating.
2610/18/2010 NOTICE OF ORAL ARGUMENT SENT
2711/15/2010 APPEARANCES: Russell J. Melland; John A. Warcup
2811/15/2010 ARGUED: Russell J. Melland; John A. Warcup
2911/15/2010 ORAL ARGUMENT WEBCAST
3003/22/2011 DISPOSITION: AFFIRMED
3103/22/2011 UNANIMOUS OPINION: Crothers, Daniel John
3203/22/2011 Costs on appeal taxed in favor of Appellee
3303/23/2011 Judgment Sent to Parties
3404/15/2011 MANDATE
3504/20/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/23/2014