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 |
(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 | |
| 52 | 07/21/2021 | EXPUNGED - Nonpermanent record items destroyed |