Search Tips

Hagerott v. Morton Co. Bd. of Commissioners

Docket No. 20090180
Oral Argument: Monday, November 9, 2009 1:30pm

Docket Info

Title
Donald Hagerott and
Mark Hagerott, Appellants
v.
Morton County Board
of Commissioners, Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 08-C-00663
South Central Judicial District, Morton County
Bruce B. Haskell
2010 ND 32778 N.W.2d 813
Oral Argument 11/9/2009

Highlight

A person is aggrieved and has standing to appeal a county commission zoning decision if the person has some legal interest that may be enlarged or diminished by the decision appealed from.
A county commission's decision to issue a conditional use permit must be affirmed unless the commission acted arbitrarily, capriciously, or unreasonably, or if there is not substantial evidence supporting the decision.


Briefs

Filing Date Description
08/31/2009 APPELLANT BRIEF View
09/24/2009 APPELLEE BRIEF View
10/08/2009 REPLY BRIEF (e-filed) (PDF) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Tami Lyn Norgard - 05374
APPELLEE PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLEE PRIVATE PRACTICE David Ray Phillips - 06116

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

Seq. # Filing Date Description Attachment
1 06/18/2009 NOTICE OF APPEAL : 06/16/2009
2 06/18/2009 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
3 06/19/2009 ORDER FOR TRANSCRIPT (By Appellee Randall J. Bakke) : 06/18/2009
4 07/22/2009 TRANSCRIPT DATED December 11, 2008, & C.O.S.
5 07/22/2009 DISK-TRA (12/11/08) E-MAILED
6 07/21/2009 RECORD ON APPEAL - includes transcripts dated 7-1-08 & 7-17-08
7 08/31/2009 APPELLANT BRIEF View
8 08/31/2009 E-FILED BRIEF - ATB
9 08/31/2009 APPELLANT APPENDIX
10 08/31/2009 E-FILED APPENDIX - ATA
11 09/01/2009 Received $25 surcharge for ATB (Receipt #18983)
12 09/08/2009 Received 7 copies of ATB from CSD
13 09/08/2009 Received 6 copies of ATA from CSD
14 09/09/2009 Received $5 surcharge for ATA overage (Receipt #18993)
15 09/24/2009 STIPULATION (re letter in ATA at p. 93 being part of the ROA) signed by Norgard & Bakke
16 09/25/2009 Received surcharge for AEB (Receipt #19006)
17 09/24/2009 APPELLEE BRIEF View
18 09/24/2009 E-FILED BRIEF (AEB)
19 09/24/2009 APPELLEE APPENDIX
20 09/24/2009 E-FILED APPENDIX (AEA)
21 09/28/2009 Received $25 surcharge for AEB
22 09/29/2009 Received 7 copies of AEB from CSD
23 09/29/2009 Received 6 copies of AEA from CSD
24 10/08/2009 REPLY BRIEF (e-filed) (PDF) View
25 10/08/2009 E-FILED BRIEF (RYB)(PDF)
26 10/12/2009 Received 7 copies of RYB from CSD
27 10/20/2009 NOTICE OF ORAL ARGUMENT SENT
28 10/21/2009 SITTING WITH THE COURT : Webb, Wade L.
29 11/02/2009 Request for Radio/TV Coverage (KCND - FM) approved
30 11/09/2009 APPEARANCES: Tami L. Norgard/Randall J. Bakke
31 11/09/2009 ARGUED: Norgard/Bakke
32 11/09/2009 ORAL ARGUMENT WEBCAST
33 02/22/2010 DISPOSITION
34 02/22/2010 UNANIMOUS OPINION : Maring, Mary Muehlen View
35 02/22/2010 Costs on appeal taxed in favor of Appellee
36 02/22/2010 Judgment Sent to Parties
37 03/24/2010 MANDATE
38 03/26/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
39 11/04/2020 EXPUNGED - Nonpermanent record items destroyed