Northern States Power v. Mikkelson, et al.
- Northern States Power Company, a Minnesota
corporation, by its Board of Directors, Plaintiff and Appellee
Laverne Mikkelson a/k/a Laverne C. Mikkelson Sr.;
Kandi Mikkelson a/k/a Kandi K. Mikkelson, Defendants and Appellants
SRT Communications, Inc., a North Dakota cooperative
association; Verendrye Electric Cooperative, Inc.,
a North Dakota cooperative association; Brett
Livingston; Lisa Livingston; Jarrod Livingston;
New Prairie Township; and Ward County, Defendants
- Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
Case No. 2017-CV-00812
North Central Judicial District, Ward County
Douglas L. Mattson
Parties' Statement of Issues
1. Whether the District Court erred when it determined that LaVerne Mikkelson does not have an opinion regarding the impact of NSP’s easement taking on the market value of the Subject Property?
2. Whether the District Court erred when it determined that LaVerne Mikkelson only offered a subjective valuation of the property’s value after installation of the new transmission line?
3. Whether the District Court erred when it made its Findings of Fact, Conclusions of Law, and Order granting summary judgment in favor of NSP and directing entry of the Mikkelsons’ damages as $10,620.00.
4. Whether the District Court erred in denying Defendants’ Motion to Amend Judgment and Order when it determined the Mikkelsons did not present evidence to avoid summary judgment on the issue of just compensation?
Appellants Laverne and Kandi Mikkelson (the “Mikkelsons”) present four ostensible issues on appeal. All of them should be answered in the negative.
Appellee Northern States Power Company (“NSP”) submits that the issues on appeal are properly stated as follows:
A. Did the District Court err in granting summary judgment on the issue of damages in this partial taking case based on the evidence before it?
B. Did the District Court commit an abuse of discretion in denying the Mikkelsons’ Motion to Amend its Order Granting Summary Judgment?
Laverne and Kandi Mikkelson appeal from a district court’s order granting summary judgment in favor of Northern States Power Company and an order denying the Mikkelson’s motion to amend the district court’s order and judgment.
Northern States Power brought a condemnation action to obtain an electric transmission line easement over property owned by the Mikkelsons. The district court granted summary judgment in favor of Northern States Power on the issue of whether the taking was necessary for a public purpose. Northern States Power moved for summary judgment on the issue of the amount of compensation it owed for the taking. The district court granted the motion and awarded the Mikkelsons damages in the amount of $10,620.00. The Mikkelsons moved for an amended order and judgment, which the district court denied.
On appeal, the Mikkelsons assert the district court erred when it granted summary judgment on the issue of damages and when it denied their motion for an amended order and judgment. The Mikkelsons argue they presented evidence sufficient to warrant a jury trial on damages caused by the taking.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/29/2019||NOTICE OF APPEAL : 07/29/2019|
|2||08/09/2019||Rec'd $125.00 filing fee for NOA (receipt # 27327)|
|3||08/09/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||08/09/2019||Notice Served on Richard Olson, Jessica Merchant, Ryan Quarne, Patrick Mahlberg, David Hogue|
|5||08/09/2019||Notice served on Carol Larson, B. Livingston, Jarrod Livingston, Lisa Livingston, Rozanna Larson|
|6||08/09/2019||ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair|
|7||08/16/2019||MOTION TO FILE TRANSCRIPT ORDERED UNTIMELY & EXT. OF TIME TO FILE APPELLANT'S BRIEF|
|8||08/16/2019||ACTION BY CHIEF JUSTICE - Granted|
|9||08/16/2019||ORDER FOR TRANSCRIPT|
|10||08/19/2019||Mail returned unserved to Jarrod Livingston|
|11||08/28/2019||ELEC. RECORD ON APPEAL DATED AUGUST 27, 2019 (ENTRY NOS.1-171)|
|12||09/12/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2019|
|13||09/12/2019||ELECTRONIC TRANSCRIPT DATED MAY 29, 2019|
|14||09/12/2019||CERTIFICATE OF SERVICE FOR TRANSCRIPTS|
|15||10/22/2019||APPELLANT BRIEF & ADDENDUM||View|
|17||10/25/2019||Rec'd $6.50 for ATA over page limit (receipt #27410)|
|18||10/28/2019||Rec'd nonsubstantive corrections ATB & ATA|
|19||10/30/2019||Rec'd 6 copies of ATB & ATA from Central Duplicating|
|20||11/21/2019||APPELLEE BRIEF & ADDENDUM||View|
|21||11/26/2019||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|22||11/27/2019||Rec'd 6 copies of AEB back from Central Duplicating|
|23||12/03/2019||MOT. EXT/TIME REPLY BRIEF|
|24||12/04/2019||NO ACTION TAKEN (amended motion filed)|
|25||12/04/2019||Amended MOT. EXT/TIME REPLY BRIEF|
|26||12/04/2019||ACTION BY CHIEF DEPUTY CLERK - Granted : 12/12/2019|
|29||12/16/2019||Rec'd 6 copies of RYB back from Central Duplicating|
|30||12/23/2019||SITTING WITH THE COURT : Schmalenberger, Allan L.|