City of Harwood, et al. v. The City of Reiles Acres,et al.
Docket No. 20140089
Oral Argument:
Monday, September 29, 2014 11:00am
Docket Info
- Title
- The City of Harwood, a
political subdivision of
the State of North Dakota,
and Lake Shure Estates, Inc.,
a North Dakota nonprofit
corporation, Plaintiffs and Appellees
v.
The City of Reiles Acres, a
political subdivision of the
State of North Dakota, Dr. Ron
Knutson, and all other persons
unknown claiming any interest
or estate in, or lien or
encumbrance upon, the property
described in the Complaint, Defendants
----------------
The City of Reiles Acres, a
political subdivision of the
State of North Dakota, Appellant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2011-CV-02313
East Central Judicial District, Cass County
Steven L. Marquart
2015 ND 33859 N.W.2d 13
Oral Argument
9/29/2014
Highlight
A district court has subject matter jurisdiction to construe a contract in a declaratory judgment action and to consider partition claims.
A contractual obligation may be discharged for frustration of purpose when after a contract is executed, a party's principal purpose is substantially frustrated without fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.
Partition is a matter of right between cotenants, and a district court has wide discretion in partition actions to equitably divide property or proceeds between the parties.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/13/2014 | NOTICE OF APPEAL : 03/12/2014 | |
2 | 04/10/2014 | TRANSCRIPT DATED June 24, 2013 & C.O.S. | |
3 | 04/10/2014 | DISK-Transcript dated (6/24/13) (e-mailed) | |
4 | 04/16/2014 | ELEC. RECORD ON APPEAL DATED April 15, 2014 (ENTRY NOS.1-49 & 51-102) Deleted Index #50 | |
5 | 04/21/2014 | APPELLANT BRIEF | View |
6 | 04/21/2014 | APPELLANT APPENDIX | |
7 | 04/21/2014 | DISK (ATB) (e-mailed) | |
8 | 05/21/2014 | APPELLEE BRIEF (PDF) | View |
9 | 05/21/2014 | E-FILED BRIEF (PDF) | |
10 | 05/21/2014 | APPELLEE APPENDIX | |
11 | 05/21/2014 | E-FILED APPENDIX | |
12 | 05/23/2014 | Rec'd the $25 e-filing surcharge for AEB (receipt #22804) | |
13 | 05/28/2014 | Rec'd the non-substantive corrections to AEB & AEA (Title Page) | |
14 | 06/02/2014 | Rec'd 7 copies of aeb and 6 copies of aea from Central Duplicating | |
15 | 06/06/2014 | REPLY BRIEF | View |
16 | 06/06/2014 | DISK (RYB) (CD-ROM) | |
17 | 08/11/2014 | NOTICE OF ORAL ARGUMENT SENT | |
18 | 09/29/2014 | APPEARANCES: Jonathan Garaas/Andrew Cook | |
19 | 09/29/2014 | ARGUED: Garaas/Cook | |
20 | 09/29/2014 | ORAL ARGUMENT WEBCAST | |
21 | 02/12/2015 | DISPOSITION | |
22 | 02/12/2015 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
23 | 02/12/2015 | Costs on appeal taxed in favor of Appellee | |
24 | 02/25/2015 | PETITION FOR REHEARING | View |
25 | 02/25/2015 | DISK (PER) | |
26 | 03/24/2015 | ACTION BY SUPREME COURT (petition for rehearing) - Denied | |
27 | 04/08/2015 | MANDATE | |
28 | 04/15/2015 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
29 | 05/13/2022 | EXPUNGED - Nonpermanent record items destroyed |