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Lucas v. Riverside Park Condominiums Unit Owners Association

Docket No. 20090122
Oral Argument: Thursday, September 10, 2009 3:00pm

Docket Info

Title
A. William Lucas, Plaintiff and Appellant
v.
Riverside Park Condominiums
Unit Owners Association, a
North Dakota Nonprofit Corporation, Defendant and Appellee
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 07-C-00913
South Central Judicial District, Burleigh County
Steven E. McCullough
2009 ND 217776 N.W.2d 801
Oral Argument 9/10/2009

Highlight

Adverse rulings alone are not evidence of judicial bias or partiality.
To prevail on a claim for failure to make a reasonable accommodation under the federal Fair Housing Act and state Housing Discrimination Act, the plaintiff must establish (1) that he or an associate of his is handicapped and that the defendant knew or should have known of this fact; (2) that an accommodation may be necessary to afford the handicapped person an equal opportunity to use and enjoy the dwelling; (3) that such accommodation is reasonable; and (4) that the defendant refused to make the requested accommodation.
Unpublished decisions from other jurisdictions have value only if they are persuasive.
Liability for intentional infliction of emotional distress does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.
A district court must find that a plaintiff's claim was frivolous to award a prevailing defendant costs and attorney fees under the provisions of the federal Fair Housing Act and state Housing Discrimination Act.
A court should not use the wisdom of hindsight to determine whether claims are frivolous.


Briefs

Filing Date Description
07/17/2009 APPELLANT BRIEF (e-filed) View
08/18/2009 APPELLEE BRIEF View
09/04/2009 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Monte Lane Rogneby - 05029
APPELLANT PRO SE A. William Lucas

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

Seq. # Filing Date Description Attachment
1 04/15/2009 NOTICE OF APPEAL : 04/09/2009
2 04/15/2009 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
3 05/08/2009 RECORD ON APPEAL
4 05/19/2009 MOT. EXT/TIME APPELLANT BRIEF
5 05/19/2009 ACTION BY CLERK (MAT) - Granted : 06/18/2009
6 05/27/2009 ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen
7 06/15/2009 MOT. EXT/TIME APPELLANT BRIEF
8 06/17/2009 ACTION BY CHIEF JUSTICE (MAT) - Granted : 07/17/2009
9 07/17/2009 APPELLANT BRIEF (e-filed) View
10 07/17/2009 E-FILED BRIEF (ATB)
11 07/17/2009 APPELLANT APPENDIX
12 07/22/2009 Received $25 surcharge for ATB (Receipt #18937)
13 07/29/2009 NOTICE OF ORAL ARGUMENT MAILED
14 08/03/2009 SITTING WITH THE COURT : Graff, Benny A.
15 08/03/2009 SITTING WITH THE COURT : Goodman, Ronald E.
16 08/03/2009 Received 7 copies of ATB from Central Duplicating.
17 08/17/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed letter from Mr. Rogneby)
18 08/17/2009 E-FILED MOTION (MAE)
19 08/17/2009 ACTION BY CLERK (MAE) - Granted : 08/18/2009
20 08/18/2009 APPELLEE BRIEF View
21 08/25/2009 Corrected pages iii & 35 for AEB
22 08/25/2009 DISK - AEB
23 09/04/2009 REPLY BRIEF (e-filed) View
24 09/04/2009 E-FILED BRIEF (RYB)
25 09/08/2009 Made 7 copies of RYB
26 09/10/2009 APPEARANCES: A. William Lucas; Monte L. Rogneby
27 09/10/2009 ARGUED: Lucas; Rogneby
28 09/10/2009 ORAL ARGUMENT WEBCAST
29 11/30/2009 Request for Radio/TV Coverage (Associated Press) approved
30 12/22/2009 DISPOSITION
31 12/22/2009 UNANIMOUS OPINION : Sandstrom, Dale V. View
32 12/22/2009 Costs on appeal not taxed against either party
33 12/23/2009 Judgment E-Mailed to Parties
34 01/05/2010 Mot. Ext/Time Petition for Rehearing (e-mailed)
35 01/05/2010 E-FILED MOTION (MPR)
36 01/05/2010 ACTION BY CLERK (MPR) - Granted : 01/07/2010
37 01/07/2010 PETITION FOR REHEARING (e-filed) View
38 01/12/2010 E-FILED BRIEF (Pet/Rehearing)
39 01/12/2010 Received copies of Petition for Rehearing from CSD
40 02/02/2010 ACTION BY SUPREME COURT (PER) - Denied
41 02/17/2010 MANDATE
42 02/23/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
43 12/16/2020 EXPUNGED - Nonpermanent record items destroyed