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|
|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?
|Add Docket 20120367 RSS|
|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)|
|7||12/14/2012 APPELLANT BRIEF|
|8||12/14/2012 APPELLANT APPENDIX|
|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|
|12||01/17/2013 E-FILED BRIEF|
|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|
|18||01/28/2013 REPLY BRIEF|
|19||01/28/2013 DISK - RYB|
|20||02/01/2013 Response Filed (Motion to Strike)|
|21||02/01/2013 EFILED RESPONSE|
|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|
|28||07/18/2013 DISPOSITION: AFFIRMED|
|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|