Alliance Pipeline L.P. v. Smith

20120367 Alliance Pipeline L.P., a
Delaware limited partnership, Plaintiff and Appellee
v.
Leonard Smith and Ione Smith, Defendants and Appellants

Appeal from: District Court, Northeast Judicial District, Renville County
Judge Michael G. Sturdevant
Nature of Action: Real Property
Counsel:
Appellant: Robert S. Rau
Appellee: Lawrence Bender
Appellee: Michael D. Schoepf
Term: 02/2013   Argument: 02/21/2013  9:30am
ND cite: 2013 ND 117
NW cite: 833 N.W.2d 464

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Issues: Appellant's Statement of the Issues:
1) Does Mootness deprive this Court of power to address and resolve this matter.
2) Did the Trial Court lack jurisdiction in this matter to resolve this matter.
3) Was the Trial Court's delegation of authority to Alliance a void act.
4) Did the trial court made findings and rulings that were hypothetical and speculative.
5) Was the lower courts conclusion on the application of the Natural Gas Act misplaced as there is no sufficient evidence to support the same.
6) Are attorney fees recoverable in this proceeding brought under NDCC 32-15.

Appellee's Statement of the Issues:
I.Whether events that occurred after the district court entered its order have rendered this appeal moot?
II.Whether the district court erred when it granted Alliance's petition for entry to survey and denied Defendants' motion for supplemental findings or reconsideration?

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Docket entries:
110/03/2012 NOTICE OF APPEAL: 09/28/2012
210/03/2012 ORDER FOR TRANSCRIPT: 09/28/2012
310/25/2012 ELEC. RECORD ON APPEAL DATED October 24, 2012 (ENTRY NOS.1-29)
411/16/2012 TRANSCRIPTS DATED May 8, 2012 & July 12, 2012 (2 vols.) & C.O.S.
511/16/2012 DISK - tra (5/8/12 & 7/12/12) (e-mailed)
611/20/2012 1st ELEC. SUPP. RECORD ON APPEAL DATED November 19, 2012 (ENTRY NOS.30-31) (#32 is Supp. Cert)
712/14/2012 APPELLANT BRIEF
812/14/2012 APPELLANT APPENDIX
912/21/2012 DISK of ATB (CD)
1012/21/2012 Received 8 each corrected covers for ATB and ATA and corrected CD
1101/17/2013 APPELLEE BRIEF & ADDENDUM
1201/17/2013 E-FILED BRIEF
1301/18/2013 Rec'd non-substantive corrections to TOA for AEB
1401/18/2013 Received $25 e-filing surcharge for AEB (Receipt #21662)
1501/24/2013 NOTICE OF ORAL ARGUMENT SENT
1601/24/2013 Received 7 copies of AEB from Central Duplicating
1701/28/2013 MOTION to Strike Appellee's Brief or for it to be Recast. RspDue: 02/01/2013
1801/28/2013 REPLY BRIEF
1901/28/2013 DISK - RYB
2002/01/2013 Response Filed (Motion to Strike)
2102/01/2013 EFILED RESPONSE
2202/04/2013 Motion to Strike, etc., to be heard with the Merits
2302/05/2013 REPLY BRIEF of Appellants'
2402/21/2013 APPEARANCES: Robert S. Rau; Michael D. Schoepf
2502/21/2013 ARGUED: Robert S. Rau; Michael D. Schoepf
2602/21/2013 ORAL ARGUMENT WEBCAST
2707/18/2013 ACTION BY SUPREME COURT (Motion to Strike). Denied
2807/18/2013 DISPOSITION: AFFIRMED
2907/18/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
3007/18/2013 Costs on appeal taxed in favor of Appellee
3107/19/2013 Judgment Sent to Parties
3208/23/2013 MANDATE
3308/28/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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