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Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al.

Docket No. 20190138
Oral Argument: Monday, October 14, 2019 9:30 AM

Docket Info

Title
Skaw ND Precast, LLC, Plaintiff and Appellee
v.
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

  • Appellant

    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.

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
07/10/2019 APPELLANT BRIEF View
08/06/2019 APPELLEE BRIEF View
08/20/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE David Allan Tschider - 04224
APPELLANT PRIVATE PRACTICE Mark Anthony Schwab - 08132

(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)
11 07/10/2019 APPELLANT BRIEF View
12 07/10/2019 APPELLANT APPENDIX
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)
19 08/06/2019 APPELLEE BRIEF View
20 08/06/2019 APPELLEE APPENDIX
21 08/06/2019 Oral Argument Request by Appellee
22 08/09/2019 Rec'd 6 copies of AEB/AEA from Central Duplicating
23 08/20/2019 REPLY BRIEF View
24 08/21/2019 Rec'd 6 copies of RYB from Central Duplicating
25 09/11/2019 NOTICE OF ORAL ARGUMENT SENT