Search Tips

Twin City Technical, et al. v. Williams Cty, et al.

Docket No. 20210157
Oral Argument: Thursday, December 2, 2021 9:30 AM

Docket Info

Title
Twin City Technical LLC, Three Horns Energy, LLC,
Prairie of the South LLC, and Irish Oil & Gas, Inc., Plaintiffs and Appellees
v.
Williams County and Williams County Commission, Defendants and Appellants
Case Type
CIVIL APPEAL : OIL, GAS AND MINERALS
Appeal From
Case No. 2015-CV-01394
Northwest Judicial District, Williams County
Benjamen James Johnson
2022 ND 63971 N.W.2d 822
Oral Argument 12/2/2021

Highlight

The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings, and a party cannot on a second appeal relitigate issues which were resolved by the Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. The mandate rule requires the district court to follow the appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.

Laches is a delay or lapse of time in commencing an action that works a disadvantage or prejudice to the adverse party because of a change in conditions during the delay.

A court has broad discretion under N.D.C.C. § 32-03-05 in determining whether to award prejudgment interest.

In an equitable proceeding there is no absolute right to a trial by jury.

Under N.D.R.Civ.P. 37(a)(1), a party moving for an order compelling discovery must certify that it has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action. The Court reviews an order compelling discovery under the abuse of discretion standard.

A district court is considered an expert in determining the amount of attorney’s fees, and its decision concerning the amount and reasonableness of the attorney’s fees will not be overturned on appeal absent a clear abuse of discretion. Electronic legal research fees are a component of attorney’s fees and cannot be separately taxed as expenses.


Briefs

Filing Date Description
09/13/2021 APPELLANT BRIEF View
10/13/2021 APPELLEE BRIEF View
10/27/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT SPEC. ASST. STATE'S ATTY. Scott Kenneth Porsborg - 04904
APPELLEE PRIVATE PRACTICE Lawrence Bender - 03908
APPELLEE PRIVATE PRACTICE Spencer Douglas Ptacek - 08295
APPELLEE PRIVATE PRACTICE Mark William Vyvyan - 07957
APPELLANT SPEC. ASST. STATE'S ATTY. Austin Theodore Lafferty - 07833

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/01/2021 NOTICE OF APPEAL : 06/01/2021
2 06/01/2021 ORDER FOR TRANSCRIPT : 06/04/2021
3 06/04/2021 Received $125 filing fee
4 06/04/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/04/2021 Notice served on Scott K. Porsborg, Austin T. Lafferty, Lawrence Bender, & Spencer D. Ptacek
6 06/29/2021 ELEC. RECORD ON APPEAL DATED JUNE 28, 2021 (ENTRY NOS. 1-354)
7 07/15/2021 ELECTRONIC TRANSCRIPT DATED JANUARY 11, 2021
8 08/13/2021 MOT. EXT/TIME APPELLANT BRIEF
9 08/13/2021 ACTION BY CLERK - Granted : 09/13/2021
10 09/13/2021 APPELLANT BRIEF View
11 09/13/2021 APPELLANT APPENDIX
12 09/13/2021 Oral Argument Request by Appellant
13 09/15/2021 Rec'd 4 copies of ATB & 3 copies of ATA from CSD
14 10/13/2021 APPELLEE BRIEF View
15 10/13/2021 APPELLEE APPENDIX
16 10/15/2021 Rec'd 4 copies of AEB & 3 copies of AEA from CSD
17 10/18/2021 Rec'd $47 e-filing surcharge for AEA (Receipt #28259)
18 10/27/2021 REPLY BRIEF View
19 10/29/2021 Rec'd copies of RYB from Central Duplicating
20 11/24/2021 NOTICE OF ORAL ARGUMENT SENT
21 11/24/2021 Intent to Particpate in Oral Argument by Appellee
22 12/02/2021 APPEARANCES: Scott K. Porsborg & Austin T. Lafferty/Lawrence Bender & Mark W. Vyvyan
23 12/02/2021 ARGUED: Scott K. Porsborg & Mark W. Vyvyan
24 12/02/2021 ORAL ARGUMENT WEBCAST
25 03/17/2022 DISPOSITION
26 03/17/2022 UNANIMOUS OPINION : Tufte, Jerod E. View
27 03/17/2022 Concur in the result : VandeWalle, Gerald W.
28 03/17/2022 Costs on Appeal taxed in favor of Appellees
29 03/17/2022 Judgment View
30 04/06/2022 ELEC. SUPP. RECORD ON APPEAL DATED APRIL 5, 2022 (ENTRY NOS. 355-357)
31 04/07/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022(ENTRY NOS. 358-360)
32 04/08/2022 MANDATE