Hector v. City of Fargo
Docket No. 20130223
Oral Argument:
Wednesday, December 11, 2013 1:30pm
Docket Info
- Title
- Fred M. Hector, Individually and on behalf of
all Landowners specifically assessed for
Special Assessment Project 5314, Plaintiff and Appellant
v.
City of Fargo, a municipal corporation, Defendant and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2009-CV-04474
East Central Judicial District, Cass County
Steven L. Marquart
2014 ND 53844 N.W.2d 542
Oral Argument
12/11/2013
Highlight
An appeal from a decision imposing special assessments provides an adequate legal remedy for challenging special assessments, and a separate action for equitable relief generally will not lie for issues that are raised or could have been raised in the appeal.
Res judicata precludes relitigation of claims that were raised, or could have been raised, in prior actions between the same parties and means a valid, existing final judgment from a court of competent jurisdiction is conclusive with regard to claims raised or those that could have been raised in the prior action.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/17/2013 | NOTICE OF APPEAL : 07/17/2013 | |
2 | 07/17/2013 | ORDER FOR TRANSCRIPT : 07/17/2013 | |
3 | 07/23/2013 | ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen | |
4 | 08/06/2013 | TRANSCRIPT DATED JANUARY 22, 2013 & C.O.S. | |
5 | 08/06/2013 | DISK-Transcript dated January 22, 2013 (e-mailed) | |
6 | 08/13/2013 | ELEC. RECORD ON APPEAL DATED AUGUST 12, 2013 (ENTRY NOS.1-92) | |
7 | 08/14/2013 | AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 13, 2013(ENTRY NOS.1-11, 13-93) | |
8 | 09/03/2013 | TRANSCRIPT DATED May 14, 2013 & C.O.S. | |
9 | 09/03/2013 | DISK-Tra (5/14/13) (e-mailed) | |
10 | 10/03/2013 | ELEC. 1st SUPP. RECORD ON APPEAL DATED October 3, 2013 (ENTRY NOS. 94 - 95) | |
11 | 10/11/2013 | APPELLANT BRIEF and Addendum | View |
12 | 10/11/2013 | APPELLANT APPENDIX | |
13 | 10/15/2013 | DISK - ATB | |
14 | 11/13/2013 | APPELLEE BRIEF | View |
15 | 11/13/2013 | E-FILED BRIEF | |
16 | 11/15/2013 | received $25 surcharge for AEB (receipt #22326) | |
17 | 11/18/2013 | received 7 copies of AEB from CSD | |
18 | 11/20/2013 | NOTICE OF ORAL ARGUMENT SENT | |
19 | 11/22/2013 | SITTING WITH THE COURT : McLees, William W. | |
20 | 12/02/2013 | REPLY BRIEF | View |
21 | 12/02/2013 | DISK - RYB | |
22 | 12/11/2013 | APPEARANCES: Jonathan T. Garaas; Jane L. Dynes | |
23 | 12/11/2013 | ARGUED: Jonathan T. Garaas; Jane L. Dynes | |
24 | 12/11/2013 | ORAL ARGUMENT WEBCAST | |
25 | 01/02/2014 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
26 | 03/20/2014 | DISPOSITION | |
27 | 03/20/2014 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
28 | 03/20/2014 | costs on appeal taxed in favor of appellee | |
29 | 03/20/2014 | Judgment Sent to Parties | |
30 | 04/02/2014 | PETITION FOR REHEARING | View |
31 | 04/02/2014 | DISK - PER | |
32 | 05/07/2014 | ACTION BY SUPREME COURT - Denied | |
33 | 05/16/2014 | MANDATE | |
34 | 05/21/2014 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
35 | 08/04/2014 | Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court | |
36 | 10/10/2014 | Letter from U.S. Supreme Court denying Petition for Writ of Certiorari | |
37 | 02/07/2022 | EXPUNGED - Nonpermanent record items destroyed |