Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al.
- Skaw ND Precast, LLC, Plaintiff and Appellee
Oil Capital Ready Mix, LLC, Agape
Holdings, LLP, Scott Dyk and Samuel Dyk, Defendants and Appellants
- Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
Case No. 2017-CV-01410
Northwest Judicial District, Williams County
Paul W. Jacobson
Parties' Statement of Issues
1.Whether the district court erred as a matter of law when it determined that a valid lease existed between the parties.
2.Whether the district court erred when it found Appellee’s property was converted when they were able to retrieve said property at any time prior to the expiration of the Access Agreement.
3.Whether the district court erred when it awarded fees for a private investigator despite Appellants allowing for Appellee to retrieve its property, but Appellee refused to do so.
1. Whether the Defendants wrongfully converted the Skaw assets.
2. Whether the Skaw – Tioga Lease Agreement was a lease or a license.
3. Whether the Skaw – Tioga Agreement was orally amended.
4. Whether the Plaintiff’s were wrongfully evicted from the leased premises.
5. Whether Skaw abandoned its concrete pads and blocks.
6. Whether the District Court properly awarded fair compensation to Skaw for time and money properly expended in pursuit of the wrongfully converted Skaw property.
Oil Capital Ready Mix, LLC, Agape Holdings, LLP, Scott Dyk and Samuel Dyk (collectively “Dyk”) appealed from a district court judgment awarding Skaw ND Precast, LLC $69,295 in damages for conversion of its property.
In 2013 Skaw entered into a five-year agreement with Tioga Ready Mix to rent a two-acre parcel of land for its business. In 2015 Tioga sold its property to Dyk. After disagreements between the parties over the applicability of the 2013 agreement and access to Skaw’s property, Skaw sued Dyk seeking damages for conversion of its property. Following a trial, the district court found Dyk converted Skaw’s property and awarded Skaw $69,295 in damages.
On appeal, Dyk argues the district court erred in concluding the 2013 agreement was a lease, and even if it was a lease, Skaw had agreed to different lease terms with Dyk. Dyk argues the court erred in finding the property was converted. Dyk also argues the court erred in awarding Skaw $17,000 in damages to compensate it for hiring an investigative service.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||05/01/2019||NOTICE OF APPEAL : 05/01/2019|
|2||05/06/2019||Rec'd $125.00 filing fee (receipt #27040)|
|3||05/07/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||05/07/2019||Notice served on Mark A. Schwab and David A. Tschider|
|5||05/30/2019||ORDER FOR TRANSCRIPT|
|6||05/30/2019||MOT. EXT/TIME APPELLANT BRIEF|
|7||05/30/2019||ACTION BY CLERK - Granted : 07/10/2019|
|8||06/10/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 18, 2019|
|9||06/10/2019||C.O.S. for transcript|
|10||06/11/2019||ELEC. RECORD ON APPEAL DATED JUNE 10, 2019 (ENTRY NOS. 1-124)|
|13||07/22/2019||Rec'd non-substantive corrections for ATB and ATA|
|14||07/22/2019||Oral Argument Request by Appellant|
|15||07/25/2019||Pymt of $126.50 rec'd 7/22/19 returned 7/25/19 (replacement check req. in the amount of $101.50)|
|16||07/25/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|17||07/26/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|18||07/29/2019||Rec'd check for $101.50 for ATA (receipt # 27315)|
|21||08/06/2019||Oral Argument Request by Appellee|
|22||08/09/2019||Rec'd 6 copies of AEB/AEA from Central Duplicating|
|24||08/21/2019||Rec'd 6 copies of RYB from Central Duplicating|
|25||09/11/2019||NOTICE OF ORAL ARGUMENT SENT|