[Go to Docket] | Filed Dec. 13, 2007 | [Download as WordPerfect] |
John Witzke, Plaintiff and Appellant
v.
Ania Diaz Gonzales, Defendant and Appellee
No. 20070162
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge. Witzke v. Gonzales
AFFIRMED.
Per Curiam.
John Witzke (on brief), pro se, Bismarck, ND 58501, plaintiff and appellant.
Ania Diaz Gonzales (on brief), pro se, Bismarck, ND 58501, defendant and appellee.
Per Curiam.
[¶1] John Witzke appeals from an order granting summary judgment and dismissing his complaint for claims of private nuisance and defamation.
[¶2] Witzke's complaint alleges his neighbor, Gonzales, created a private nuisance by allowing her dogs to bark; because her yard contains "toxic dust" derived from the dogs defecating and urinating in her yard, which allegedly travels into Witkze's adjacent yard; and because Gonzales has surveillance cameras attached to her home. He further alleges claims of defamation, both libel and slander, based on a letter in the newspaper written by Gonzales and a report Gonzales gave to police officers. Summary judgment dismissing the action is supported by the record with regard to all of Witzke's claims.
[¶3] We summarily affirm the order granting summary judgment and dismissing Witzke's nuisance and defamation claims under N.D.R.App.P. 35.1(a)(6).
| [¶4] | Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring |