Hale v. State of North Dakota
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| 20110146 |
Robert Hale, Plaintiff and Appellant
v.
State of North Dakota; Jack
Dalrymple, in his official
capacity as Governor of North
Dakota; Shane Goettle, Director,
in his official capacity as
Director of the Department of
Commerce; North Dakota Department
of Commerce; the Minot Area
Development Corporation; the
Minot City Council (Curt
Zimbelman, Larry E. Frey, David F.
Lehner, Bob Miller, Hardy Lieberg,
Dean Frantsvog, Jim Hatlelid, Chuck
Barney, Tim Greenheck, Scott Knudsvig,
Mark Jantzer, Blake Krabseth, Ron
Boen, Lisa Olson, each in his or her
official capacities); and the City
of Minot, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge David E. Reich |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
11/2011 Argument: 11/03/2011 09:30am
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| ND cite: |
2012 ND 148
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| NW cite: |
818 N.W.2d 684
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Issue 1:Whether the lower court erred in not granting Robert Hale's motion for declaratory judgment or in the alternative his cross-motion for summary judgment due to the fact that the State and City's economic development program violates Article X,
Section 18 as a matter of law.
Issue 2:Whether the lower court failed to take the complaint, Appendix 1, and its reasonable inferences as being true in regards to the motion to dismiss and therefore it was err to grant the defendants' motions to dismiss.
Issue 3:Whether the lower court erred in not providing Robert Hale an evidentiary hearing to determine the relevant facts in dispute due to these disputed facts.
Appellee's Statement of the Issues:
I. Whether Hale Abandoned The Appeal From The Adverse Decision Of The District Court Regarding The Article X, Section 18 Claim, The Federal Constitutional Claims, And The Section 1983 Claims Due To His Failure To Brief Such Issues.
II. Whether the District Court's Grant of Minot's Motion for Summary Judgment And Denial Of Hale's Motions For Summary And Declaratory Judgment Were in Error. A. Whether Minot's MAGIC Fund Activities Violate Article X, Section 18 Of The North Dakota
Constitution. B. Whether Minot's MAGIC Fund Activities Constitute A Taking Without Just Compensation, A Violation Of Equal Protection, Or A Violation Of Due Process Under The North Dakota Or United States Constitutions. C. Whether Minot's City
Council Members Violated Hale's Civil Rights Pursuant to Title 42 United States Code, Section 1983.
Appellee's Statement of the Issues:
1. Did Hale abandon his appeal of the District Court's dismissal of his claims against MADC?
2. If Hale did not waive his appeal of the District Court's dismissal of his claims against MADC, was that dismissal erroneous?
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| 1 | | 05/16/2011 | |
NOTICE OF APPEAL: 05/12/2011 |
| 2 | | 06/08/2011 | |
ORDER FOR TRANSCRIPT: 06/08/2011 |
| 3 | | 06/09/2011 | |
MOT. EXT/TIME APPELLANT BRIEF (reset due to OTR filed by AE) |
| 4 | | 06/09/2011 | |
ACTION BY CLERK (MAT - reset due to OTR filed by AE). Granted: 06/21/2011 |
| 5 | | 06/10/2011 | |
ACKNOWLEDGMENT OF ORDER FOR TRANSCRIPT & RETENTION OF RECORD ON APPEAL: 07/28/2011 |
| 6 | | 06/20/2011 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 06/20/2011 | |
E-FILED MOTION |
| 8 | | 06/20/2011 | |
ACTION BY CLERK. Granted: 07/12/2011 |
| 9 | | 06/22/2011 | |
TRANSCRIPT DATED NOVEMBER 23, 2010, & C.O.S. |
| 10 | | 06/22/2011 | |
DISK-tra (11/23/11) e-mailed |
| 11 | | 06/24/2011 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-69) ENTRY NO. 70-CLERK'S CERT. OF RECORD |
| 12 | | 07/12/2011 | |
APPELLANT APPENDIX (e-filed) |
| 13 | | 07/12/2011 | |
E-FILED APPENDIX (ATA) |
| 14 | | 07/13/2011 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte; due to ATB over the word limit) |
| 15 | | 07/13/2011 | |
ACTION BY CLERK (MAT) (Sua Sponte; due to ATB being over the word limit). Granted: 07/22/2011 |
| 16 | | 07/20/2011 | |
APPELLANT BRIEF (e-filed) |
| 17 | | 07/20/2011 | |
E-FILED BRIEF (ATB) |
| 18 | | 07/21/2011 | |
Received $210 surcharge for ATB & ATA (Receipt #20572) |
| 19 | | 07/25/2011 | |
Received 6 copies of ATA from CSD |
| 20 | | 07/26/2011 | |
Received 7 copies of ATB from CSD |
| 21 | | 08/17/2011 | |
APPELLEE BRIEF (State of ND, Dalrymple, Goettle and Dept. of Commerce) |
| 22 | | 08/17/2011 | |
DISK - AEB (State of ND, Dalrymple, Goettle and Dept. of Commerce) |
| 23 | | 08/18/2011 | |
APPELLEE BRIEF (Minot City Council & The City of Minot) |
| 24 | | 08/18/2011 | |
E-FILED BRIEF - AEB (Minot City Council & The City of Minot) |
| 25 | | 08/18/2011 | |
APPELLEE APPENDIX - (Minot City Council & The City of Minot) |
| 26 | | 08/18/2011 | |
E-FILED APPENDIX - AEA (Minot City Council & The City of Minot) |
| 27 | | 08/19/2011 | |
Rec'd $25 AEB (Minot) e-file surcharge. (receipt no. 20622) |
| 28 | | 08/19/2011 | |
APPELLEE BRIEF (MADC) |
| 29 | | 08/19/2011 | |
E-FILED BRIEF - AEB (MADC) |
| 30 | | 08/22/2011 | |
Rec'd $25.00 AEB (MADC) e-file surcharge. (receipt no. 20627) |
| 31 | | 08/22/2011 | |
Rec'd 7 copies of AEB (Minot City Council & The City of Minot) from Central Duplicating. |
| 32 | | 08/22/2011 | |
Rec'd 6 copies of AEA (Minot City Council & The City of Minot) from Central Duplicating. |
| 33 | | 08/23/2011 | |
Rec'd 7 copies of AEB (MADC) from Central Duplicating. |
| 34 | | 09/01/2011 | |
REPLY BRIEF (e-filed) PDF |
| 35 | | 09/01/2011 | |
E-FILED BRIEF (RYB) PDF |
| 36 | | 09/08/2011 | |
Received 7 copies of RYB from Central Duplicating. |
| 37 | | 10/05/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 38 | | 10/26/2011 | |
Request for Radio/TV Coverage (Dale Wetzel from Associated Press) approved |
| 39 | | 10/28/2011 | |
Request for Radio/TV Coverage (Prairie Public) approved |
| 40 | | 11/03/2011 | |
APPEARANCES: Lynn M. Boughey; Douglas A. Bahr;Randall J. Bakke; Bryan L. Van Grinsven |
| 41 | | 11/03/2011 | |
ARGUED: Lynn M. Boughey; Douglas A. Bahr;Randall J. Bakke; Bryan L. Van Grinsven |
| 42 | | 11/03/2011 | |
ORAL ARGUMENT WEBCAST |
| 43 | | 07/12/2012 | |
DISPOSITION: AFFIRMED |
| 44 | | 07/12/2012 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 45 | | 07/12/2012 | |
Costs on appeal taxed in favor of appellees |
| 46 | | 07/13/2012 | |
Judgment Sent to Parties |
| 47 | | 08/14/2012 | |
MANDATE |
| 48 | | 08/17/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 49 | | 10/18/2012 | |
Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed and placed on docket |
| 50 | | 01/10/2013 | |
Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied |