Hale v. Ward County, et al.
Docket No. 20110171
Oral Argument:
Tuesday, November 29, 2011 9:00am
Docket Info
- Title
- Robert Hale, individually and
State of North Dakota, ex rel
Robert Hale and Susan Hale, Plaintiffs and Appellants
v.
Ward County, City of Minot, Defendants and Appellees
and
Bea Shaw, Defendant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 09-C-1040
North Central Judicial District, Ward County
David W. Nelson
2012 ND 144818 N.W.2d 697
Oral Argument
11/29/2011
Highlight
The district court may not weigh the evidence, determine credibility or attempt to discern the truth of the matter when ruling on a motion for summary judgment.
Property owner's speculation that a shooting range posed a danger to his property is not sufficient to raise a genuine issue whether the shooting range was a private nuisance.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/10/2011 | NOTICE OF APPEAL : 06/08/2011 | |
| 2 | 07/12/2011 | ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 155) | |
| 3 | 07/18/2011 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
| 4 | 07/18/2011 | E-FILED MOTION (MAT) | |
| 5 | 07/18/2011 | ACTION BY CLERK (MAT) - Granted : 08/01/2011 | |
| 6 | 08/02/2011 | TRANSCRIPT DATED MARCH 30, 2011, & C.O.S. | |
| 7 | 08/02/2011 | DISK-tra (3/30/11) e-mailed | |
| 8 | 08/04/2011 | Received $25 e-filing surcharge for ATB (Receipt #20597). | |
| 9 | 08/01/2011 | APPELLANT BRIEF (e-filed) PDF | View |
| 10 | 08/01/2011 | E-FILED BRIEF (ATB) PDF | |
| 11 | 08/04/2011 | APPELLANT APPENDIX | |
| 12 | 08/04/2011 | Recevied $25 e-filing surcharge for ATB (Receipt #20597). | |
| 13 | 08/09/2011 | Received 7 copies of ATB from Central Duplicating. | |
| 14 | 08/10/2011 | Received corrected Pg. 535 for Appendix. | |
| 15 | 08/15/2011 | Certificate of Service of Appellant's Brief and Appendix. | |
| 16 | 08/31/2011 | APPELLEE BRIEF (e-filed) | View |
| 17 | 08/31/2011 | E-FILED BRIEF (AEB) | |
| 18 | 08/31/2011 | APPELLEE APPENDIX (e-filed) | |
| 19 | 08/31/2011 | E-FILED APPENDIX (AEA) | |
| 20 | 09/01/2011 | Received e-filing surcharge for AEB and AEA (Receipt #20643). | |
| 21 | 09/06/2011 | Received 7 copies of AEB from Central Duplicating. | |
| 22 | 09/06/2011 | Received 6 copies of AEA from Central Duplicating. | |
| 23 | 09/28/2011 | Electronic Supplemental Clerk's Certificate dated September 27, 2011 (Image Nos. 156-163) | |
| 24 | 10/06/2011 | NOTICE OF ORAL ARGUMENT SENT | |
| 25 | 10/26/2011 | Request for Radio/TV Coverage (Dale Wetzel from Associated Press) approved | |
| 26 | 11/29/2011 | APPEARANCES: Lynn Boughey & Robert Hale, AT/Bradley N. Wiederholt | |
| 27 | 11/29/2011 | ARGUED: Boughey/Wiederholt | |
| 28 | 11/29/2011 | ORAL ARGUMENT WEBCAST | |
| 29 | 07/12/2012 | DISPOSITION (Remanded) | |
| 30 | 07/12/2012 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 31 | 07/12/2012 | At court's direction, no costs will be taxed in this appeal | |
| 32 | 07/13/2012 | Judgment Sent to Parties | |
| 33 | 08/08/2012 | MANDATE | |
| 34 | 08/09/2012 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 35 | 07/21/2021 | EXPUNGED - Nonpermanent record items destroyed |