Beach Railport, LLC v. Michels

In 2015, Beach Railport, LLC commenced this action against the Donnell and Jeanne Michels, for the partition of real property in Golden Valley County. Beach Railport and the Michels each owned an undivided one-half interest in the subject property, consisting of two tracts of land totaling eighty acres: the "North Forty" and the "South Forty." Donnell Michels used the property for agricultural purposes. Beach Railport acquired its interest in the North Forty and various other tracts of land around the subject property as part of its planned construction of a rail trans-load facility. It sought and obtained changes in zoning for certain property parcels. Beach Railport's construction plan did not include development on the South Forty acres. The Michels appealed the ultimate judgment partitioning real property between the Michels and Beach Railport. After review, the North Dakota Supreme Court concluded the district court erred by applying an incorrect legal standard to review and adopt the partition referee's report, and that the court erred by not holding an evidentiary hearing. The Court therefore reversed and remanded for further proceedings. View "Beach Railport, LLC v. Michels" on Justia Law