Brown v. Burleigh County Housing Authority

20120455 Ounjaniese Brown, Plaintiff and Appellant
v.
Burleigh County Housing Authority, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Bradley D. Peterson
Appellant: Breezy Amber Schmidt
Appellee: Deborah Joan Carpenter
Appellant: Richard Roy LeMay
Term: 05/2013   Argument: 05/29/2013  9:30am
ND cite: 2013 ND 120
NW cite: 833 N.W.2d 512

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether Burleigh County Housing Authority ("BCHA") is an agency whose decisions are reviewable in State district court pursuant to the Administrative Agency Practices Act ("AAPA").
II. Whether the Court must affirm BCHA's decision pursuant to the AAPA standard of judicial review.

Appellee's Statement of the Issues:
I. The state district court lacked jurisdiction to hear this matter as an appeal, and the original appeal was untimely.
II. The court's order on motions for review, to compel, enforce judgment, and for contempt were not clearly erroneous.

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Docket entries:
112/31/2012 NOTICE OF APPEAL: 12/31/2012
212/31/2012 ORDER FOR TRANSCRIPT: 12/31/2012
301/08/2013 MOTION TO DISMISS. RspDue: 01/22/2013
401/08/2013 E-FILED MOTION
501/22/2013 Response Filed to Motion to Dismiss
601/22/2013 EFILED RESPONSE
701/28/2013 ELEC. RECORD ON APPEAL DATED January 25, 2013 (ENTRY NOS. 1-76)
801/30/2013 Court directed the Motion to Dismiss and Response be heard with the merits
902/14/2013 TRANSCRIPT DATED OCTOBER 29, 2012, & C.O.S.
1002/14/2013 DISK-tra (10/29/12) e-mailed
1103/26/2013 APPELLANT BRIEF
1203/26/2013 APPELLANT APPENDIX
1303/26/2013 DISK(e-mailed)
1404/08/2013 Rcv'd nonsubstantive correction to atb (date of birth)
1504/17/2013 APPELLEE BRIEF (pdf)
1604/17/2013 E-FILED BRIEF (pdf)
1704/17/2013 received corrected certificate of service of Appellee's Brief
1804/19/2013 NOTICE OF ORAL ARGUMENT SENT
1904/19/2013 Received $25 filing fee for AEB (receipt #21806)
2004/23/2013 Received 7 copies of AEB from CSD
2104/30/2013 REPLY BRIEF
2204/30/2013 E-FILED BRIEF
2305/06/2013 Received 7 copies of RYB from CSD
2405/29/2013 APPEARANCES: Breezy Schmidt and Richard LeMay/Deborah Carpenter
2505/29/2013 ARGUED: Schmidt/Carpenter
2605/29/2013 ORAL ARGUMENT WEBCAST
2707/18/2013 ACTION BY SUPREME COURT (Motion to Dismiss). Denied
2807/18/2013 DISPOSITION (VACATED): OR/JUD VACATED, REMANDED
2907/18/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
3007/18/2013 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
3107/18/2013 (JOINED CONCURRING SPECIALLY): Crothers, Daniel John: JN/CON
3207/18/2013 Costs on appeal taxed in favor of appellee
3307/19/2013 Judgment Sent to Parties
3408/19/2013 MANDATE
3508/22/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/19/2014