Herring v. Lisbon Partners

20120090 Richard Herring of Herring
Chiropractic Clinic, Plaintiff and Appellant
v.
Lisbon Partners Credit Fund, Ltd.
Partnership and Five Star Services, Defendants and Appellees

Appeal from: District Court, Southeast Judicial District, Ransom County
Judge Thomas E. Merrick
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Charlotte Louise Selland
Appellee: Troy Alden Wolf
Term: 06/2012   Argument: 06/28/2012  2:45pm
ND cite: 2012 ND 226
NW cite: 823 N.W.2d 493

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err in granting summary judgment in favor of Lisbon Partners' Credit Fund Partnership and Five Star Services hereinafter "Lisbon Partners" where a duty was owed and there are material issues in dispute, and North Dakota Law offers other remedies besides self-help remedies.

Appellee's Statement of the Issues:
Whether the district court properly granted summary judgment finding that a healthy tree located on property owned by appellee Lisbon Partners Credit Fund Limited Partnership that had branches which overhang adjoining property owned by appellant Richard Herring ("Herring") did not constitute a nuisance or a trespass, that Lisbon Partners had no duty to trim the overhanging branches and that Herring's remedy was limited to self-help - trimming the tree branches to the extent they overhung his property.

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Docket entries:
102/08/2012 NOTICE OF APPEAL: 02/07/2012
202/08/2012 ORDER FOR TRANSCRIPT: 02/07/2012
302/16/2012 TRANSCRIPT DATED December 1, 2011 & C.O.S.
402/16/2012 DISK - TRA
503/06/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-40)
603/26/2012 APPELLANT BRIEF
703/26/2012 E-FILED BRIEF
803/26/2012 APPELLANT APPENDIX
903/26/2012 E-FILED APPENDIX
1003/27/2012 Received $25 surcharge for ATB (Receipt #20942)
1103/30/2012 Received 7 copies of ATB from CSD
1203/30/2012 Received 6 copies of ATA from CSD
1304/19/2012 APPELLEE BRIEF
1404/19/2012 DISK - aeb (e-mailed)
1505/18/2012 NOTICE OF ORAL ARGUMENT SENT
1605/29/2012 Request for Radio/TV Coverage Associated Press approved
1706/28/2012 APPEARANCES: Charlotte L. Selland; Troy A. Wolf
1806/28/2012 ARGUED: Charlotte L. Selland; Troy A. Wolf
1906/28/2012 ORAL ARGUMENT WEBCAST
2010/23/2012 DISPOSITION: REVERSED AND REMANDED
2110/23/2012 SPLIT OPINION: VandeWalle, Gerald W.
2210/23/2012 DISSENT: Crothers, Daniel John: DISSENT
2310/23/2012 JOIN IN THE DISSENT: Sandstrom, Dale V.: JN/DIS
2410/23/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
2510/24/2012 Judgment E-Mailed to Parties
2611/28/2012 MANDATE
2712/05/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014