Minnkota Power Cooperative, Inc. v. Anderson

20120017 Minnkota Power Cooperative, Inc. Petitioner and Appellee
v.
Thomas Anderson, Lori Due, Griffton
Hughes, Rhonda Hughes, Rachel Weed,
Ronald Lamm, Kelly Lamm, Michelle
Lamm, Amy Lamm, Steven Flick, David
Flick, Michael Flick, Darlene Hankison,
Charles Krahler and Margie Krahler, Respondents
------------------------
Steven Flick, David Flick, Michael Flick
and Darlene Hankison, Appellants

Appeal from: District Court, Southeast Judicial District, Wells County
Judge James D. Hovey
Nature of Action: Real Property
Counsel:
Appellant: John Thomas Shockley
Appellee: Tami Lyn Norgard
Appellant: Christopher Michael McShane
Appellee: Jade Marie Rosenfeldt
Term: 04/2012   Argument: 04/25/2012  2:45pm
ND cite: 2012 ND 105
NW cite: 817 N.W.2d 325

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Issues: Appellant's Statement of the Issues:
1. Did the Wells County District Court err as a matter of law when it concluded a petitioner seeking the right to enter upon land pursuant to N.D.C.C  32-15-06 need only show it is in charge of the public use for which the right to enter is sought, or that it is in the category of persons entitled to seek eminent domain?
2. Did the District Courts reviewing both of these consolidated cases err as a matter of law when they concluded Minnkota Power Cooperative, Inc., is in the category of persons entitled to use the power of eminent domain granted in N.D.C.C.  10-13-03(7) despite Minnkota Power Cooperative Inc., being a foreign cooperative?
3. Did the Wells County District Court err as a matter of law when it concluded N.D.C.C.  32-15-02 and N.D.C.C.  49-22-07 act as a specific grant of authority for Minnkota Power Cooperative, Inc., to use eminent domain?

Appellee's Statement of the Issues:
1. Whether the District Courts properly granted Minnkota pre-condemnation access to Appellants' parcels of property pursuant to N.D.C.C.  32-15-06?

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Docket entries:
101/11/2012 NOTICE OF APPEAL: 01/06/2012
201/11/2012 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
302/01/2012 LETTER DATED 1/31/12 REQUESTING CONSOLIDATION OF CASES 20120017 & 20120024.
402/01/2012 ACTION BY CHIEF DEPUTY CLERK. Granted
502/01/2012 THIS CASE IS CONSOLIDATED WITH 20120024. MAKE ALL ENTRIES IN THIS CASE EXCEPT ROA, DIS & MAN.
602/01/2012 ANNOUNCED DISQUALIFICATION (for consolidated case S.C. No. 20120024): Sandstrom, Dale V.
702/06/2012 AMENDED NOTICE OF APPEAL (20120017) FILED IN THE TRIAL COURT JANUARY 17, 2012.
802/07/2012 ELECTRONIC RECORD ON APPEAL DATED 2/6/12 (ENTRY NOS. 1-84).
902/15/2012 APPELLANT BRIEF
1002/15/2012 E-FILED BRIEF
1102/15/2012 APPELLANT APPENDIX
1202/15/2012 E-FILED APPENDIX
1302/16/2012 Received $25 surcharge for ATB (Receipt #20873)
1402/16/2012 SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL DATED 2/7/12 (ENTRY NOS. 85-87).
1502/21/2012 Received 7 copies of ATB from CSD
1602/21/2012 Received 6 copies of ATA from CSD
1703/08/2012 MOTION FOR Stay (expedited)
1803/08/2012 E-FILED MOTION
1903/09/2012 ACTION BY SUPREME COURT. Denied
2003/15/2012 NOTICE OF ORAL ARGUMENT SENT
2103/15/2012 APPELLEE BRIEF (Withdrawn)
2203/16/2012 Received $25 surcharge for AEB (Receipt #20921)
2303/19/2012 SITTING WITH THE COURT: McClintock, John C.
2403/19/2012 SITTING WITH THE COURT: Bohlman, Bruce E.
2503/21/2012 APPELLEE BRIEF (Corrected)
2603/21/2012 E-FILED BRIEF
2703/22/2012 MOT. EXT/TIME REPLY BRIEF (Sua Sponte)
2803/22/2012 ACTION BY CLERK. Granted: 04/02/2012
2903/23/2012 Received 7 copies of AEB from Central Duplicating
3004/02/2012 REPLY BRIEF
3104/02/2012 E-FILED BRIEF
3204/09/2012 Received 7 copies of RYB from CSD
3304/04/2012 2nd ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.88-97)
3404/25/2012 APPEARANCES: Christopher McShane/Tami Norgard
3504/25/2012 ARGUED: McShane/Norgard
3604/25/2012 ORAL ARGUMENT WEBCAST
3705/01/2012 3rd ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.98-102)
3805/21/2012 DISPOSITION: AFFIRMED
3905/21/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.
4005/21/2012 Costs on appeal taxed in favor of appellee
4105/21/2012 Judgment Sent to Parties
4206/18/2012 MANDATE

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