Friedt v. Hettinger County

990374 Alex M. Friedt, Ralph A.
Friedt and Emma Friedt,
attorney-in-fact for
Jacob A. Friedt, Plaintiffs and Appellants
v.
Hettinger County, North Dakota,
a political subdivision,
Valentine J. Friedt, William J.
Friedt, Lillian Friedt, Anna
Bergenheier, Victor J. Friedt,
Carleen Friedt Olson, Linda
Huether, David Friedt, Dean Friedt,
Dion Friedt, Dana Friedt, Verena
Johnson, Dwight Friedt, Carla Albrecht,
Carlotta Kostelecky, Timothy Raab,
Joshua Raab and Tanya Raab, Defendants and Appellees

Appeal from: District Court, Southwest Judicial District, Hettinger County
Judge Allan L. Schmalenberger
Nature of Action: Real Property
Counsel:
Appellee: Kubik, Bogner, Ridl & Selinger
Appellant: Hardy, Maus & Nordsven, P.C.
Appellee: Crowley Fleck PLLP
Term: 03/2000   Argument: 03/17/2000  01:30pm
ND cite: 2000 ND 73
NW cite: 617 N.W.2d 131


Issues: Appellant's Statement of the Issues:
1. Whether the District Court erred in holding that the reservation of minerals in a deed between Alex Friedt, Sr. (not the Plaintiff herein), and Anna Friedt, husband and wife, as grantors, and Val Friedt, one of the Defendants herein, was clear and unambiguous and that the Defendants were thus entitled to summary judgment as granted in these proceedings.

Appellee's Statement of the Issues:
1. Whether the District Court was clearly erroneous in holding that the reservations of minerals in a deed between Alex Friedt, Sr. (not the Plaintiff herein), and Anna Friedt, husband and wife, as grantors, and Valentine J. Friedt, one of the Defendants herein, as grantee, was clear and unambiguous and that Valentine J. Friedt was thus entitled to summary judgment as granted in these proceedings.

Appellee's Statement of the Issues:
1. Whether the District Court erred in holding that the reservation in a Contract for Deed and subsequent Warranty Deed from Alex Friedt, Sr., and Anna Friedt, as grantors, and Appellee, Valentine Friedt, as grantee, was clear and unambiguous and that Appellees were thus entitled to Summary Judgment.
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Docket entries:
112/09/1999 NOTICE OF APPEAL: 12/08/1999
201/04/2000 RECORD ON APPEAL
301/17/2000 APPELLANT BRIEF
401/17/2000 Addendum to Appellant's Brief
501/17/2000 APPELLANT APPENDIX
601/19/2000 DISK - atb
702/10/2000 APPELLEE BRIEF
802/11/2000 DISK - AEB
902/16/2000 APPELLEE BRIEF (Hettinger Co.)
1002/16/2000 DISK - AEB (Hettinger Co.)
1102/23/2000 Letter from Albert J. Hardy dated 2-22-00 RE: Appellant will not be filing a reply brief.
1203/17/2000 APPEARANCES: Albert J. Hardy; Craig C. Smith; Bruce A. Selinger
1303/17/2000 ARGUED: Hardy; Smith; Selinger (Vol. X; page 4)
1404/05/2000 DISPOSITION: AFFIRMED BY SUMMARY DISP.
1504/05/2000 UNANIMOUS OPINION: , Per Curiam
1604/05/2000 Costs on appeal taxed in favor of Appellee
1704/06/2000 Order/Judgment Mailed to Parties
1805/03/2000 MANDATE
1905/05/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2003/19/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/07/2009