Brown v. Montana-Dakota Utilities Co.
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| 20100220 |
Robert Adell Brown, Plaintiff and Appellant
v.
Montana-Dakota Utilities, Co.
and City of Halliday, North Dakota Defendants and Appellees
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| Appeal from: |
District Court,
Southwest Judicial District,
Dunn County
Judge William A. Herauf |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
12/2010 Argument: 12/22/2010 02:45pm
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| ND cite: |
2011 ND 38
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| NW cite: |
794 N.W.2d 741
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether, constitutionally, is it lawful or reasonable for any utility provider of public services such as heat and water, necessities for life to deny this senior citizen heat and wtaer during the alpine winter or any other season in the state of
North Dakota.
Appellee's Statement of the Issues:
Whether the District Court properly granted Montana-Dakota Utilities Co.'s motion for summary judgment.
City of Halliday's Statement of Issues
I. Whether the district court properly granted the City of Halliday summary judgment because no genuine issue of material fact exists since the City of Halliday had the authority to terminate plaintiff Brown's water, sewer and garbage services for
nonpayment of such services.
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| 1 | | 07/09/2010 | |
NOTICE OF APPEAL: 07/08/2010 |
| 2 | | 07/14/2010 | |
PETITION SEEKING EXTENSION OF TIME - for payment of filing fee |
| 3 | | 07/14/2010 | |
ACTION BY CLERK (Pet./Ext. of time for payment of filing fee). Granted |
| 4 | | 08/25/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 5 | | 08/27/2010 | |
ACTION BY CLERK. Granted: 09/16/2010 |
| 6 | | 08/27/2010 | |
RECORD ON APPEAL |
| 7 | | 09/16/2010 | |
APPELLANT BRIEF (scanned) |
| 8 | | 09/16/2010 | |
APPELLANT APPENDIX |
| 9 | | 09/17/2010 | |
DISK NONCOMPLIANCE (ATB) (Scanned) |
| 10 | | 10/11/2010 | |
Rec'd corrections to ATB & ATA. |
| 11 | | 10/15/2010 | |
APPELLEE BRIEF (MDU) |
| 12 | | 10/15/2010 | |
DISK of AEB (CD)(MDU) |
| 13 | | 10/15/2010 | |
APPELLEE BRIEF (City of Halliday)(e-filed) |
| 14 | | 10/15/2010 | |
E-FILED BRIEF (AEB)(City of Halliday) |
| 15 | | 10/15/2010 | |
APPELLEE APPENDIX (MDU & City of Halliday) (e-filed) |
| 16 | | 10/15/2010 | |
E-FILED APPENDIX (AEA) |
| 17 | | 10/18/2010 | |
Received $25 surcharge for AEB (City of Halliday) |
| 18 | | 10/20/2010 | |
Received 7 copies of AEB from CSD |
| 19 | | 10/20/2010 | |
Received 6 copies of AEA from CSD |
| 20 | | 11/10/2010 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 21 | | 11/15/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 22 | | 11/17/2010 | |
SITTING WITH THE COURT: Reich, David E. |
| 23 | | 12/21/2010 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 24 | | 12/21/2010 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 25 | | 12/22/2010 | |
APPEARANCES: Robert A. Brown; Paul R. Sanderson; Sandra L. Voller |
| 26 | | 12/22/2010 | |
ARGUED: Robert A. Brown; Paul R. Sanderson; Sandra L. Voller |
| 27 | | 12/22/2010 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 02/14/2011 | |
DISPOSITION: AFFIRMED |
| 29 | | 02/14/2011 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 30 | | 02/14/2011 | |
Costs on appeal taxed in favor of appellee |
| 31 | | 02/15/2011 | |
Judgment Sent to Parties |
| 32 | | 03/04/2011 | |
Untimely petition for rehearing submitted; not filed and returned to Appellant |
| 33 | | 03/07/2011 | |
MANDATE |
| 34 | | 03/14/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |