Alliance Pipeline L.P. v. Smith
Alliance Pipeline L.P., a
Delaware limited partnership, Plaintiff and Appellee
Leonard Smith and Ione Smith, Defendants and Appellants
Northeast Judicial District,
Judge Michael G. Sturdevant
|Nature of Action:||Real Property|
|Term:||02/2013  Argument: 02/21/2013 9:30am|
|ND cite:||2013 ND 117|
833 N.W.2d 464
Listen to recording of oral argument in MP3 format
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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|1||10/03/2012||NOTICE OF APPEAL: 09/28/2012|
|2||10/03/2012||ORDER FOR TRANSCRIPT: 09/28/2012|
|3||10/25/2012||ELEC. RECORD ON APPEAL DATED October 24, 2012 (ENTRY NOS.1-29)|
|4||11/16/2012||TRANSCRIPTS DATED May 8, 2012 & July 12, 2012 (2 vols.) & C.O.S.|
|5||11/16/2012||DISK - tra (5/8/12 & 7/12/12) (e-mailed)|
|6||11/20/2012||1st ELEC. SUPP. RECORD ON APPEAL DATED November 19, 2012 (ENTRY NOS.30-31) (#32 is Supp. Cert)|
|9||12/21/2012||DISK of ATB (CD)|
|10||12/21/2012||Received 8 each corrected covers for ATB and ATA and corrected CD|
|11||01/17/2013||APPELLEE BRIEF & ADDENDUM|
|13||01/18/2013||Rec'd non-substantive corrections to TOA for AEB|
|14||01/18/2013||Received $25 e-filing surcharge for AEB (Receipt #21662)|
|15||01/24/2013||NOTICE OF ORAL ARGUMENT SENT|
|16||01/24/2013||Received 7 copies of AEB from Central Duplicating|
|17||01/28/2013||MOTION to Strike Appellee's Brief or for it to be Recast. RspDue: 02/01/2013|
|19||01/28/2013||DISK - RYB|
|20||02/01/2013||Response Filed (Motion to Strike)|
|22||02/04/2013||Motion to Strike, etc., to be heard with the Merits|
|23||02/05/2013||REPLY BRIEF of Appellants'|
|24||02/21/2013||APPEARANCES: Robert S. Rau; Michael D. Schoepf|
|25||02/21/2013||ARGUED: Robert S. Rau; Michael D. Schoepf|
|26||02/21/2013||ORAL ARGUMENT WEBCAST|
|27||07/18/2013||ACTION BY SUPREME COURT (Motion to Strike). Denied|
|29||07/18/2013||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|30||07/18/2013||Costs on appeal taxed in favor of Appellee|
|31||07/19/2013||Judgment Sent to Parties|
|33||08/28/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|