Arndt v. Maki

20110191 Richard A. Arndt, Karen K. Arndt,
TTT Minerals, LLC, Douglas Kinnoin,
James S. Enge, Gerald D. Neset,
Gary Craft, Marshall Craft, Jane
Craft, Brian E. Olson, Peggy Olson,
George L. Baranek, Katherine A.
Baranek, and William (W.R.) Everett, Plaintiffs, Appellees and Cross-Appellants
v.
Angeline Maki, Marily Bryant,
Lillian (Gunderson) Jastrzebski,
Caroline Sadle, Esther Maki,
Doris Walter, Gloria Worley,
Laura Erber, Lloyd Arndt, Jason
Arndt, Defendants, Appellants and Cross-Appellees

Appeal from: District Court, Northwest Judicial District, Mountrail County
Judge William W. McLees
Nature of Action: Real Property
Counsel:
Appellant: Greg W. Hennessy
Appellee: Collin Paul Dobrovolny
Appellee: Peter Haroldson Furuseth
Appellee: Jon William Backes
Appellee: Jordon Joseph Evert
Term: 12/2011   Argument: 12/01/2011  1:30pm
ND cite: 2012 ND 55
NW cite: 813 N.W.2d 564

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Was the Defendants Maki intestate inheritance of surface and minerals subjected to fraud and/or mistake by the Personal Representative obtaining Waivers of Inheritance of their mineral acres when only their surface acres were to have been waived.
II.Whether the Defendants Maki are entitled to reformation of the May 1973 Waivers of Inheritance for fraud and/or mistake.
III. Whether the Defendants Maki are entitled to reformation of the 1984 Personal Representative's Deed for fraud and/or mistake.

REPLY BRIEF ISSUES
I.Whether the Waivers of Inheritance filed in Mountrail Co. Probate No. 3139, Carl Arndt, are entitled to Judicial Notice.
II.Whether there are living witnesses to the negotiations of the sale terms from Marie Arndt to Richard Arndt.
III.Why the defendants Maki signed the Personal Representative if it had no mineral reservation (the trial court's query)?
IV.Whether the trial court erred as a matter of law that the defendants Maki are strangers to title, contrary to NDT Std. 2-01.

Appellee's Statement of the Issues:
Did the District Court error in its ruling as follows: Further, the Court is not persuaded that the Maki Defendants recorded the March 29, 2007 Personal Representative's Deed of Distribution for the purpose of slandering title to the minerals underlying the Arndt Family Farm . and the Plaintiffs' request for an award of attorneys' fees/damages under N.D.C.C. 47-19.1-09 is denied. (Emphasis by the District Court) (App. p 324).

Appellee's Statement of the Issues:
The district court did not err in entering Summary Judgment in favor of Plaintiffs and against Defendants, pursuant to N.D.R.Civ.P. 56 and N.D.C.C.  32-04-17 & 09-06-07, by declaring that the Defendants have no right, title, or interest in the minerals underlying the Arndt Family Farm.
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Docket entries:
106/29/2011 NOTICE OF APPEAL: 06/27/2011
207/12/2011 NOTICE OF CROSS APPEAL BY ATTORNEYS DOBROVOLONY & BACKES FILED IN THE TRIAL COURT JULY 12, 2011.
307/19/2011 NOTICE OF CROSS APPEAL BY ATTORNEY FURUSETH FILED IN THE TRIAL COURT JULY 18, 2011.
408/02/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
508/02/2011 E-FILED MOTION (MAT)
608/02/2011 ACTION BY DEPUTY CLERK. Granted: 09/05/2011
707/28/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-85).
809/02/2011 MOT. EXT/TIME APPELLANT BRIEF
909/02/2011 E-FILED MOTION
1009/02/2011 ACTION BY CHIEF JUSTICE. Granted: 09/16/2011
1109/16/2011 APPELLANT BRIEF
1209/16/2011 APPELLANT APPENDIX (2 volumes)
1309/22/2011 DISK-ATB (E-MAILED)
1409/23/2011 Received corrected title pages for ATB & ATA.
1510/13/2011 Due to flooding in Souris River Basin, under N.D. Sup. Ct. O. 20, the time for filing cross appeals
1610/13/2011 was extended 60 days. Both notices of cross appeal are, therefore, timely.
1710/13/2011 APPELLEE BRIEF (e-filed)
1810/13/2011 E-FILED BRIEF (AEB)
1910/14/2011 RECEIVED $25 E-FILING SURCHARGE FOR AEB (DOBROVOLNY)
2010/17/2011 Received correction to AEB (Attorney Dobrovolny).
2110/17/2011 APPELLEE BRIEF (ATTORNEY FURUSETH) E-FILED
2210/17/2011 E-FILED BRIEF (AEB-ATTORNEY FURUSETH)
2310/18/2011 Received corrections to AEB (Attorney Furuseth).
2410/18/2011 RECEIVED $25 E-FILING SURCHARGE FOR AEB (ATTORNEY FURUSETH) (RECEIPT #20716).
2510/19/2011 Received 7 copies of AEB from Central Duplicating (Attorney Dobrovolny).
2610/19/2011 Received 7 copies of AEB from Central Duplicating (Attorney Furuseth).
2710/31/2011 REPLY BRIEF OF APPELLANT & CROSS-APPELLEE.
2811/01/2011 DISK-RYB (CD-ROM)
2911/16/2011 NOTICE OF ORAL ARGUMENT SENT
3012/01/2011 APPEARANCES: Greg Hennessy/Collin Dobrovolny & Jon Backes/Jordan Evert
3112/01/2011 ARGUED: Hennessy/Dobrovolny/Evert
3212/01/2011 ORAL ARGUMENT WEBCAST
3303/15/2012 DISPOSITION (Affirmed in part, reversed in part, and remanded): AFFIRMED/PT, REVERSED/PT
3403/15/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
3503/15/2012 Costs on appeal taxed in favor of Appellees
3603/16/2012 Judgment Sent to Parties
3704/26/2012 MANDATE

Generated from Supreme Court Docket on 09/19/2014