Riverwood Commercial Park v. Standard Oil Co.
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| 20100268 |
Riverwood Commercial Park, LLC,
and Tom S. Freidt, Plaintiffs and Appellants
v.
Standard Oil Company, Inc., a/k/a
BP, Tesoro Refining and Marketing
Company, BNSF Railway Company,
and Marmot Properties, LLC, Defendants
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Tesoro Refining and Marketing
Company, Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Donald L. Jorgensen |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
01/2011 Argument: 01/06/2011 01:30pm
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| ND cite: |
2011 ND 95
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| NW cite: |
797 N.W.2d 770
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether it was proper for the court to grant a Rule 12(b)(vi) motion when there are still disputed issues of material fact.
2. Whether the trial court committed error by finding an ambiguity in a document of conveyance, and then determining the ambiguity is a legal and factual issue.
3. Whether the trial court committed error by finding that the revocable, non-transferrable Permit afforded to Standard Oil in 1954 created an easement that was transferred to Tesoro by Standard Oil.
4.Whether the dismissal of all of Appellant's causes of actions was error based upon the Court's erroneous determination that the Permit was an easement.
Appellee's Statement of the Issues:
1.Whether the Permit is ambiguous on the issue of whether it created an easement or a license.
2.Whether summary judgment is the proper procedure for interpreting an ambiguous document when the parties have identified only undisputed extrinsic evidence concerning the meaning of that document.
3.Whether the District Court erred in concluding that the 1953 Irrigation Canal, Drainage Canal, Water Pipe or Sewer Pipe Permit (Permanent) created an easement that encumbers Appellants' real property.
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| 1 | | 08/13/2010 | |
NOTICE OF APPEAL: 08/12/2010 |
| 2 | | 08/13/2010 | |
Chad Nodland's letter to Lois Scharnhorst dated 8-11-10 RE: unsure of ordering TRA |
| 3 | | 08/13/2010 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 08/13/2010 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 5 | | 09/02/2010 | |
RETENTION OF RECORD ON APPEAL (anticipated delivery date): 09/30/2010 |
| 6 | | 09/09/2010 | |
RECORD ON APPEAL (2 vols.) & Separate Nos. 37, 122 & 129 |
| 7 | | 09/13/2010 | |
TRANSCRIPT DATED June 28, 2010 & C.O.S. |
| 8 | | 09/13/2010 | |
DISK - tra (6/28/10) (e-mailed) |
| 9 | | 09/15/2010 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte) |
| 10 | | 09/15/2010 | |
ACTION BY CLERK (MAT) (sua sponte). Granted: 09/21/2010 |
| 11 | | 09/20/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 09/20/2010 | |
E-FILED MOTION |
| 13 | | 09/20/2010 | |
ACTION BY CLERK. Granted: 09/28/2010 |
| 14 | | 09/28/2010 | |
APPELLANT BRIEF (See corrected ATB filed 10-22-10) |
| 15 | | 09/28/2010 | |
APPELLANT APPENDIX |
| 16 | | 10/22/2010 | |
APPELLANT BRIEF (corrected) |
| 17 | | 10/25/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 18 | | 10/25/2010 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 11/04/2010 |
| 19 | | 11/04/2010 | |
APPELLEE BRIEF (e-filed) |
| 20 | | 11/04/2010 | |
E-FILED BRIEF (AEB) |
| 21 | | 11/04/2010 | |
APPELLEE APPENDIX (e-filed) PDF |
| 22 | | 11/04/2010 | |
E-FILED APPENDIX (AEA) PDF |
| 23 | | 11/05/2010 | |
Received $45.50 e-filing surcharge for AEB & AEA (Receipt #20100268). |
| 24 | | 11/08/2010 | |
Received 7 copies of AEB from Central Duplicating. |
| 25 | | 11/08/2010 | |
Received 6 copies of AEA from Central Duplicating. |
| 26 | | 12/13/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 27 | | 12/14/2010 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 28 | | 12/17/2010 | |
SITTING WITH THE COURT: Marquart, Steven L. |
| 29 | | 01/06/2011 | |
APPEARANCES: Chad C. Nodland; Michael Geiermann |
| 30 | | 01/06/2011 | |
ARGUED: Chad C. Nodland; Michael Geiermann |
| 31 | | 01/06/2011 | |
ORAL ARGUMENT WEBCAST |
| 32 | | 05/20/2011 | |
DISPOSITION: AFFIRMED |
| 33 | | 05/20/2011 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 34 | | 05/20/2011 | |
Costs on appeal taxed in favor of Appellee. |
| 35 | | 05/20/2011 | |
Judgment E-Mailed to Parties |
| 36 | | 06/14/2011 | |
MANDATE |
| 37 | | 06/17/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |