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Grand Forks Housing Authority v. Grand Forks Board of County Commissioners

Docket No. 20100196
Oral Argument: Monday, November 15, 2010 11:00am

Docket Info

Title
In the Matter of Appeal of
Grand Forks Housing Authorities, Appellant
v.
Grand Forks Board of County
Commissioners, Appellee
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 09-C-1521
Northeast Central Judicial District, Grand Forks County
Debbie Gordon Kleven
2010 ND 245793 N.W.2d 168
Oral Argument 11/15/2010

Highlight

A housing authority may agree to make payments to the state or a political subdivision in lieu of taxes, even when the property is tax-exempt.
A board of county commissioners does not act arbitrarily, capriciously, or unreasonably when substantial evidence supports its factual findings.
A district court does not abuse its discretion by denying a motion to remand for additional evidence when the party seeking remand had the opportunity, but failed to present such additional evidence at the hearing before the local governing body and when such additional evidence is not material to the district court's review of the local governing body's decision.


Briefs

Filing Date Description
08/09/2010 APPELLANT BRIEF (e-filed) PDF View
09/08/2010 APPELLEE BRIEF (e-filed) View
09/27/2010 REPLY BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Russell John Melland - 04896
APPELLEE SPEC. ASST. STATE'S ATTY. John Alan Warcup - 05129

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

Seq. # Filing Date Description Attachment
1 06/30/2010 NOTICE OF APPEAL : 06/28/2010
2 07/15/2010 Response from Melland re: not consolidating cases.
3 07/26/2010 RECORD ON APPEAL and separate no. 4 (transcript 07-07-09: 3 binders, 1 cd),
4 07/26/2010 not rec'd nos. 28 (steno notes) & 29 (data error)
5 08/09/2010 APPELLANT BRIEF (e-filed) PDF View
6 08/09/2010 E-FILED BRIEF (ATB) PDF
7 08/09/2010 APPELLANT APPENDIX (e-filed) PDF
8 08/09/2010 E-FILED APPENDIX (ATA) PDF
9 08/12/2010 Received $25 e-filing surcharge for ATB (Receipt #19770).
10 08/18/2010 Received 7 copies of ATB from Central Duplicating.
11 08/18/2010 Received 6 copies of ATA from Central Duplicating.
12 09/08/2010 APPELLEE BRIEF (e-filed) View
13 09/08/2010 E-FILED BRIEF (AEB)
14 09/10/2010 Received $25 surcharge for AEB (Receipt #19955)
15 09/17/2010 Received 7 copies of AEB from CSD
16 09/27/2010 REPLY BRIEF (e-filed) PDF View
17 09/27/2010 E-FILED BRIEF (RYB) PDF
18 09/30/2010 RECEIVED 7 COPIES OF RYB FROM CENTRAL DUPLICATING.
19 10/18/2010 NOTICE OF ORAL ARGUMENT SENT
20 11/15/2010 APPEARANCES: Russell J. Melland; John A. Warcup
21 11/15/2010 ARGUED: Russell J. Melland; John A. Warcup
22 11/15/2010 ORAL ARGUMENT WEBCAST
23 12/21/2010 DISPOSITION
24 12/21/2010 UNANIMOUS OPINION : Maring, Mary Muehlen View
25 12/21/2010 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
26 12/27/2010 Judgment Sent to Parties
27 01/19/2011 MANDATE
28 02/02/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE