Search Tips

Northern States Power v. Mikkelson, et al.

Docket No. 20190227
Oral Argument: Waived

Docket Info

Title
Northern States Power Company, a Minnesota
corporation, by its Board of Directors, Plaintiff and Appellee
v.
Laverne Mikkelson a/k/a Laverne C. Mikkelson Sr.;
Kandi Mikkelson a/k/a Kandi K. Mikkelson, Defendants and Appellants
and
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

  • Appellant

    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?

  • Appellee 1

    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?


Summary

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.


Briefs

Filing Date Description
10/22/2019 APPELLANT BRIEF & ADDENDUM View
11/21/2019 APPELLEE BRIEF & ADDENDUM View
12/12/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Richard P Olson - 03183
APPELLANT PRIVATE PRACTICE Jessica Lee Merchant - 06169
APPELLANT PRIVATE PRACTICE Ryan Gregory Quarne - 07618
APPELLEE PRIVATE PRACTICE Patrick D. J. Mahlberg - 06659

(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
16 10/22/2019 APPELLANT APPENDIX
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
28 12/12/2019 REPLY BRIEF View
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.