Twin City Technical, et al. v. Williams Cty, et al.
- Twin City Technical LLC, Three Horns Energy, LLC,
Prairie of the South LLC, and Irish Oil & Gas, Inc., Plaintiffs and Appellees
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
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.
|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|
|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|
|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)|
|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|
|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|
|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)|