Wheeler v. Southport Seven Planned Unit Dev.
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| 20110323 |
Sharon Wheeler, Plaintiff and Appellant
v.
Southport Seven Planned Unit
Development, Carl Bye, Individually
and as a member of the Board of
Directors, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
04/2012 Argument: 04/03/2012 02:45pm
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| ND cite: |
2012 ND 201
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| NW cite: |
821 N.W.2d 746
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. What is the standard of review on appeal?
II. Whether the district court erred in granting partial summary judgment regarding the authority of Southport 7 to impose dues or assessments for non-common areas?
III. Whether the district erred in its determination regarding the existence of a contract and its scope?
IV. Whether the district erred in its determination of costs to Southport 7?
Appellee's Statement of the Issues:
III. Did the District Court correctly determine that Wheeler had failed to present a material issue of fact to state a legal claim either for severance of Wheeler's property from the Southport 7 project or for termination of the Southport 7
project?
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| 1 | | 11/09/2011 | |
NOTICE OF APPEAL: 11/07/2011 |
| 2 | | 11/09/2011 | |
ORDER FOR TRANSCRIPT: 11/07/2011 |
| 3 | | 11/09/2011 | |
Acknowlegment of Order for Transcript. |
| 4 | | 12/22/2011 | |
ELECTRONIC RECORD ON APPEAL dated 12-21-11 (entry nos. 1-58) (no entry no. 32). |
| 5 | | 12/27/2011 | |
TRANSCRIPT DATED 04-25-11 & C.O.S. |
| 6 | | 12/27/2011 | |
DISK - TRA (04-25-11) |
| 7 | | 01/26/2012 | |
District Court Ordered correction or modification of the Record |
| 8 | | 02/01/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 9 | | 02/01/2012 | |
E-FILED MOTION |
| 10 | | 02/02/2012 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 02/13/2012 |
| 11 | | 02/13/2012 | |
APPELLANT BRIEF |
| 12 | | 02/13/2012 | |
E-FILED BRIEF |
| 13 | | 02/13/2012 | |
APPELLANT APPENDIX |
| 14 | | 02/13/2012 | |
E-FILED APPENDIX |
| 15 | | 02/14/2012 | |
Received $25 surcharge for ATB (Receipt #20868) |
| 16 | | 02/23/2012 | |
Received 7 copies of ATB from CSD |
| 17 | | 02/23/2012 | |
Received 6 copies of ATA from CSD |
| 18 | | 03/14/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 03/19/2012 | |
APPELLEE BRIEF |
| 20 | | 03/19/2012 | |
DISK of AEB (e-mailed) |
| 21 | | 03/19/2012 | |
APPELLEE APPENDIX |
| 22 | | 03/20/2012 | |
Received $25.00 surcharge for e-filed aeb |
| 23 | | 03/23/2012 | |
Received 6 copies of appendix from Central Duplicating |
| 24 | | 04/02/2012 | |
ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W. |
| 25 | | 04/02/2012 | |
SITTING WITH THE COURT: Graff, Benny A. |
| 26 | | 04/03/2012 | |
APPEARANCES: Deborah J. Carpenter; Casey L. Chapman |
| 27 | | 04/03/2012 | |
ARGUED: Deborah J. Carpenter; Casey L. Chapman |
| 28 | | 04/03/2012 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 09/27/2012 | |
DISPOSITION: AFFIRMED |
| 30 | | 09/27/2012 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 31 | | 09/27/2012 | |
Costs on appeal taxed in favor of appellee |
| 32 | | 09/28/2012 | |
Judgment Sent to Parties |
| 33 | | 10/23/2012 | |
MANDATE |
| 34 | | 10/26/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |