Dunn v. ND Dept. of Transportation
Docket No. 20090317
Oral Argument:
Thursday, January 21, 2010 2:45pm
Docket Info
- Title
- Ines M. Dunn, Plaintiff and Appellant
v.
North Dakota Department
of Transportation, Defendant and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 09-C-01492
South Central Judicial District, Burleigh County
Bruce B. Haskell
2010 ND 41779 N.W.2d 628
Oral Argument
1/21/2010
Highlight
Judicial estoppel prohibits a party from taking inconsistent or contradictory positions during litigation.
Administrative due process requires a fair hearing before a fair tribunal. The fact-finder in an administrative hearing cannot prejudge the case, harbor a bias against a party, or participate in the hearing if there is a high probability of bias against a party.
A district court acting in an appellate capacity has authority under the Administrative Agencies Practice Act to dispose of procedural matters as reasonably required, including the ability to vacate a judgment entered on the basis of a procedural mistake.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/22/2009 | NOTICE OF APPEAL : 10/21/2009 | |
| 2 | 10/23/2009 | Notification that AE Attorney of Record is Michael Pitcher, not Andrew Moraghan | |
| 3 | 11/20/2009 | RECORD ON APPEAL & Transcript of Administrative Hearing dated 6-24-09 | |
| 4 | 11/30/2009 | APPELLANT BRIEF (e-filed) PDF | View |
| 5 | 11/30/2009 | E-FILED BRIEF (ATB) PDF | |
| 6 | 11/30/2009 | APPELLANT APPENDIX (e-filed) PDF | |
| 7 | 11/30/2009 | E-FILED APPENDIX (ATA) PDF | |
| 8 | 12/01/2009 | Clerk did not accept for filing Motion for Immediate Stay, as under N.D.R.App.P. 8 the motion must | |
| 9 | 12/01/2009 | first be made in the district court | |
| 10 | 12/02/2009 | Received $25 e-filing surcharge for ATB (Receipt #19250). | |
| 11 | 12/07/2009 | Received 7 copies of ATB from CSD | |
| 12 | 12/07/2009 | Received 6 copies of ATA from CSD | |
| 13 | 12/07/2009 | Clerk did not file Response to Motion for Immediate Stay, Motion was not accepted | |
| 14 | 12/09/2009 | Trial court issued stay by Order dated December 2, 3009 | |
| 15 | 12/16/2009 | DISK - Transcript of Administrative Hearing dated 6-24-09 (e-mailed) | |
| 16 | 12/22/2009 | NOTICE OF ORAL ARGUMENT SENT | |
| 17 | 12/24/2009 | APPELLEE BRIEF | View |
| 18 | 12/24/2009 | APPELLEE APPENDIX | |
| 19 | 12/24/2009 | DISK - aeb (e-mailed) | |
| 20 | 01/09/2010 | REPLY BRIEF (e-filed) pdf | View |
| 21 | 01/09/2010 | E-FILED BRIEF - RYB | |
| 22 | 01/12/2010 | Received 7 copies of RYB from Central Duplicating. | |
| 23 | 01/21/2010 | APPEARANCES: Danny L. Herbel/Michael T. Pitcher, Asst. Atty. Gen. | |
| 24 | 01/21/2010 | ARGUED: Herbel/Pitcher | |
| 25 | 01/21/2010 | ORAL ARGUMENT WEBCAST | |
| 26 | 03/16/2010 | DISPOSITION | |
| 27 | 03/16/2010 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 28 | 03/16/2010 | Costs on appeal taxed in favor of appellee | |
| 29 | 03/17/2010 | Judgment Sent to Parties | |
| 30 | 04/14/2010 | MANDATE | |
| 31 | 04/16/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 32 | 02/01/2021 | EXPUNGED - Nonpermanent record items destroyed |