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Dakota Resource Council, et al. v. Stark County Board of County Commissioners

Docket No. 20110172
Oral Argument: Thursday, December 1, 2011 10:45am

Docket Info

Title
Dakota Resource Council, Appellant and
Cross-Appellee
and
Neighbors United, Myron and
Nancy Eberts, Neil and Laura
Tangen, Brittany Huggins,
and Frank and Lucy Hurt
v.
Stark County Board of County
Commissioners and Great Northern
Project Development, Appellees and
Cross-Appellants
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 10-C-00315
Southwest Judicial District, Stark County
Wickham Corwin
2012 ND 114817 N.W.2d 373
Oral Argument 12/1/2011

Highlight

A nonprofit organization that has not suffered an injury itself can sue as the representative of its members if: (1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization; and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.
Although interpretation of an ordinance presents a question of law fully reviewable on appeal, the interpretation of a zoning ordinance by a governmental entity is a quasi-judicial act, and a reviewing court should give deference to the judgment and interpretation of the governing body rather than substitute its judgment for that of the enacting body.


Briefs

Filing Date Description
09/13/2011 APPELLANT BRIEF View
10/13/2011 APPELLEE BRIEF (Stark Co. Board of County Commissioners) (e-filed) View
10/13/2011 APPELLEE BRIEF & Addendum of Northern Project Development (e-filed) View
10/25/2011 REPLY BRIEF of Appellant (e-filed) View
11/08/2011 REPLY BRIEF (Stark Co. Board of County Commissioners)(e-filed) PDF View
11/08/2011 REPLY BRIEF-GREAT NORTHERN PROJECT DEVELOPMENT (E-FILED) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Amy Lynn De Kok - 06973
APPELLANT PRIVATE PRACTICE Derrick Lance Braaten - 06394
APPELLEE PRIVATE PRACTICE Lawrence Bender - 03908
APPELLEE PRIVATE PRACTICE Mitchell D Armstrong - 05892

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

Seq. # Filing Date Description Attachment
1 06/13/2011 NOTICE OF APPEAL : 06/10/2011
2 06/13/2011 ORDER FOR TRANSCRIPT : 06/10/2011
3 06/15/2011 DISK-adm. tra. dated 4/5/10, 4/6/10 and 6/15/10.
4 06/27/2011 Acknowledgment of OTR from Ronda Colby
5 06/30/2011 NOTICE OF CROSS APPEAL (Northern Project Development) filed in district court on 6-24-11)
6 06/30/2011 NOTICE OF CROSS APPEAL (Stark Co. Board of County Commissioners) (filed in district court 6-24-11)
7 07/12/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1-49 & 51-53)
8 07/21/2011 TRANSCRIPT DATED 03/22/11 & C.O.S.
9 08/26/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
10 08/26/2011 E-FILED MOTION (Mot. for Ext. of Time to File Appellant's Brief)
11 08/26/2011 ACTION BY CHIEF DEPUTY CLERK (MOTION FOR EXT. OF TIME TO FILE APPELLANT'S BRIEF). - Granted : 09/13/2011
12 09/13/2011 APPELLANT BRIEF View
13 09/13/2011 E-FILED BRIEF (ATB)
14 09/13/2011 APPELLANT APPENDIX
15 09/13/2011 E-FILED APPENDIX (ATA)
16 09/20/2011 Rec'd $25.00 ATB e-file surcharge. (receipt no. 20673)
17 09/26/2011 Rec'd 7 copies ATB from Central Duplicating.
18 09/26/2011 Rec'd 6 copies of ATA from Central Duplicating.
19 10/13/2011 APPELLEE BRIEF (Stark Co. Board of County Commissioners) (e-filed) View
20 10/13/2011 E-FILED BRIEF (AEB of Stark Co. Bd. of Co. Comm.)
21 10/13/2011 APPELLEE APPENDIX (Stark Co. Bd.)(e-filed)
22 10/13/2011 E-FILED APPENDIX (AEA of Stark Co. Bd.)
23 10/13/2011 APPELLEE BRIEF & Addendum of Northern Project Development (e-filed) View
24 10/13/2011 E-FILED BRIEF (AEB of Great Northern Project)
25 10/13/2011 Received $25 surcharge for AEB of Great Northern Project (Receipt #20705)
26 10/14/2011 Received $25 surcharge for Stark Co. Bd. AEB (Receipt #20710)
27 10/19/2011 Received 7 copies of AEB of Stark Co. from CSD
28 10/19/2011 Received 6 copies of AEA of Stark Co. from CSD
29 10/19/2011 Received 7 copies of AEB of Great Northern Project
30 10/25/2011 REPLY BRIEF of Appellant (e-filed) View
31 10/25/2011 E-FILED BRIEF (RYB)
32 10/28/2011 MOTION to File Reply Brief in excess of 2,500 words (e-filed)
33 10/28/2011 E-FILED MOTION (Mot. to File Reply Brief in Excess of 2500 words)
34 10/28/2011 ACTION BY CHIEF JUSTICE (Mot/File/RYB/Over/Word Limit) - Granted
35 11/01/2011 Received 7 copies of RYB from CSD
36 11/08/2011 REPLY BRIEF (Stark Co. Board of County Commissioners)(e-filed) PDF View
37 11/08/2011 E-FILED BRIEF (RYB - Stark Co. Board of County Commissioners) PDF
38 11/08/2011 REPLY BRIEF-GREAT NORTHERN PROJECT DEVELOPMENT (E-FILED) View
39 11/08/2011 E-FILED BRIEF (RYB-GREAT NORTHERN PROJECT DEVELOPMENT)
40 11/09/2011 Received 8 copies of RYB-Stark Co. Board of Commissioners from Central Duplicating.
41 11/10/2011 Received 7 copies of RYB-Great Northern Project Development from Central Duplicating.
42 11/16/2011 NOTICE OF ORAL ARGUMENT SENT
43 12/01/2011 APPEARANCES: Derrick Braaten and Lindsey Nieuwsma/Mitchell Armstrong/Amy DeKok
44 12/01/2011 ARGUED: Braaten/Armstrong/DeKok
45 12/01/2011 ORAL ARGUMENT WEBCAST
46 06/07/2012 DISPOSITION
47 06/07/2012 UNANIMOUS OPINION : Maring, Mary Muehlen View
48 06/07/2012 At the Court's direction, no costs will be taxed in this appeal
49 06/08/2012 Judgment Sent to Parties
50 07/03/2012 MANDATE
51 07/11/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE