Lenertz v. City of Minot N.D.

Docket No. 20180153
Oral Argument: Wednesday, October 17, 2018 1:30 PM

Docket Info

Title
Allan Lenertz, Plaintiff and Appellant
v.
City of Minot N.D., Defendant and Appellee
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 2016-CV-01874
North Central Judicial District, Ward County
Gary H. Lee
2019 ND 53923 N.W.2d 479

Highlight

To establish an inverse condemnation claim, a property owner must prove a public entity took or damaged the owner’s property for a public use and the public use was the proximate cause of the taking or damages.

Whether private property was taken for public use is a question of law, fully reviewable on appeal.

The district court has broad discretion determining whether to allow expert witness testimony, and its decision will not be reversed on appeal unless it abused its discretion.

The district court’s decision to grant a motion for judgment as a matter of law is based on whether the evidence, viewed in the light most favorable to the party against whom the motion is made, leads to but one conclusion as to the verdict about which there can be no reasonable difference of opinion. Whether the evidence is sufficient to create a question of fact for the jury is a question of law.


Briefs

Filing Date Description
06/08/2018 APPELLANT BRIEF View
07/20/2018 APPELLEE BRIEF View
08/08/2018 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Bradley Neuman Wiederholt - 06354
APPELLEE PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLANT PRIVATE PRACTICE Robert S Rau - 03133

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/16/2018 NOTICE OF APPEAL : 04/16/2018
2 04/16/2018 ORDER FOR TRANSCRIPT : 04/19/2018
3 04/18/2018 MOTION FOR Remand
4 04/18/2018 ACTION BY CHIEF JUSTICE - Granted
5 04/18/2018 ORDER OF REMAND
6 04/19/2018 Received filing fee (Receipt # 26089)
7 04/19/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
8 04/19/2018 Notice served on Robert Rau, Bradley Wiederholt and Randall Bakke
9 05/24/2018 AMENDED NOTICE OF APPEAL (after remand)
10 05/24/2018 ELEC. RECORD ON APPEAL DATED MAY 24, 2018 (ENTRY NOS.1-246, 248-274 & 276-335) (cont.)
11 05/24/2018 (cont) ITEMS NOT SENT: #347, #275 & #327
12 05/25/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
13 05/25/2018 Notice served on Robert S. Rau, Randall J. Bakke & Bradley N. Wiederholt
14 05/25/2018 ELECTRONIC TRANSCRIPT DATED March 12, 2018 (pre-trial); March 12 - 14, 2018 (3 Vols.); & C.O.S.
15 06/08/2018 APPELLANT BRIEF View
16 06/08/2018 E-FILED BRIEF (PDF)
17 06/08/2018 APPELLANT APPENDIX
18 06/08/2018 E-FILED APPENDIX
19 06/09/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 8, 2018 (ENTRY NOS. 336-344)
20 06/11/2018 Rec'd $25 surcharge for ATB (receipt #26225)
21 06/13/2018 Rec'd $9.50 for ATA? (pge limit) (receipt #26232)
22 06/13/2018 Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating
23 06/20/2018 2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 19, 2018 (ENTRY NOS. 345 - 347)
24 07/02/2018 MOT. EXT/TIME APPELLEE BRIEF
25 07/02/2018 E-FILED MOTION
26 07/02/2018 ACTION BY CLERK - Granted : 07/25/2018
27 07/20/2018 APPELLEE BRIEF View
28 07/20/2018 E-FILED BRIEF
29 07/20/2018 APPELLEE APPENDIX
30 07/20/2018 E-FILED APPENDIX
31 07/25/2018 Received $25 e-filing surcharge for AEB and $23 e-filing surcharge for AEA (receipt#26324)
32 07/26/2018 Received 6 copies of AEB and AEA from CSD
33 08/08/2018 REPLY BRIEF View
34 08/08/2018 E-FILED BRIEF (PDF)
35 08/10/2018 Recieved 6 copies of RYB from Central Duplicating
36 09/19/2018 NOTICE OF ORAL ARGUMENT SENT
37 10/17/2018 APPEARANCES: Robert S. Rau; Randall J. Bakke
38 10/17/2018 ARGUED: Robert S. Rau; Randall J. Bakke
39 10/17/2018 ORAL ARGUMENT WEBCAST
40 10/18/2018 Letter from Appellee's attorney correcting statement made during argument
41 10/30/2018 3RD ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 29, 2018 (ENTRY NOS. 348-351)
42 02/21/2019 DISPOSITION
43 02/21/2019 SPLIT OPINION : Crothers, Daniel John View
44 02/21/2019 CONCURRING IN PART AND DISSENTING IN PART : Tufte, Jerod E.
45 02/21/2019 BY ORDER OF THE COURT NEITHER PARTY HAVE AND RECOVER COSTS AND DISBURSEMENTS
46 02/22/2019 Judgment Sent to Parties
47 03/05/2019 PETITION FOR REHEARING View
48 03/06/2019 Rec'd 6 copies of PER from CSD
49 03/15/2019 ACTION BY SUPREME COURT - Denied
50 03/25/2019 4TH ELEC. SUPP. RECORD ON APPEAL DATED MARCH 22, 2019 (ENTRY NOS.353 THRU 361)
51 03/27/2019 MANDATE
52 04/03/2019 Corrected Opinion Pages 8, 9 & 11 filed (deletes the word “the” from “the their property”,
53 04/03/2019 corrects “witnesses” to “witness is” and corrects “Court’s” to “court’s”)