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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.


Briefs

Filing Date Description
11/30/2009 APPELLANT BRIEF (e-filed) PDF View
12/24/2009 APPELLEE BRIEF View
01/09/2010 REPLY BRIEF (e-filed) pdf View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Danny Lee Herbel - 05769
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369

(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