Justia Real Estate & Property Law Opinion Summaries

John and Stacy Bang own several parcels of real property in Dunn County, including the subject property in this dispute. They own both the surface and mineral estates. In May 2004, John Bang executed an oil and gas lease agreement with Diamond Resources, Inc., whose successor, Continental Resources, Inc., is the operator and holds the mineral lease. Continental notified the Bangs of its intent to install oil and gas facilities on the property, which the Bangs objected to. Continental subsequently constructed various facilities on the property.The Bangs filed a lawsuit against Continental in 2022, alleging trespass, seeking an injunction, and claiming damages under North Dakota law. The district court denied the Bangs' motions for a temporary restraining order and preliminary injunction. Continental filed a separate action seeking a declaratory judgment and an injunction against John Bang, which was consolidated with the Bangs' case. In January 2024, the district court granted Continental partial summary judgment, declaring Continental had the right to install a pipeline corridor and denied the Bangs' claims for trespass and permanent injunction. The court also denied Continental summary judgment on damages. A jury trial in February 2024 awarded the Bangs $97,621.90 for their compensation claims. The Bangs' motions for a new trial and other relief were denied.The North Dakota Supreme Court reviewed the case and affirmed the district court's amended judgment and order denying a new trial. The court held that the lease was unambiguous and provided Continental the authority to install pipeline facilities on the subject property. The court also upheld the district court's evidentiary rulings, including the exclusion of certain expert testimony and evidence of settlement agreements, and the exclusion of speculative evidence of future agricultural damages. The court found no error in the jury instructions and concluded that the district court did not abuse its discretion in denying the Bangs' motions under N.D.R.Civ.P. 59 and 60. View "Bang v. Continental Resources" on Justia Law

In this case, Donald Neuens entered into a contract for deed with Dorothy Czajkowski for the sale of property in Golden Valley County, North Dakota. Czajkowski agreed to pay $60,000 for the property, with a down payment and the remaining balance to be paid in monthly installments at an interest rate of 6%, along with property taxes. After Neuens passed away, the Axvigs purchased his interest from his estate. The Axvigs then initiated a quiet title action against Czajkowski to cancel the contract for deed, alleging that Czajkowski had abandoned the property, failed to make the required payments, and failed to pay the property taxes.The District Court of Golden Valley County awarded summary judgment in favor of the Axvigs, concluding that the contract for deed was canceled and awarding the property to the Axvigs. The court found that the contract allowed the Axvigs to proceed with a court action without providing notice and an opportunity to cure the default. Czajkowski appealed, arguing that the court erred in its interpretation of the contract and failed to allow a redemption period.The North Dakota Supreme Court reviewed the case and reversed the amended judgment. The court held that the contract for deed was unambiguous and required the seller to provide notice of default and an opportunity to cure before seeking cancellation. The court found that the district court misinterpreted the contract by allowing the Axvigs to proceed with the cancellation action without first providing the required notice and time to cure the default. The Supreme Court concluded that the Axvigs breached the contract by not providing the necessary notice of default before initiating the cancellation action. View "Axvig v. Czajkowski" on Justia Law

Mary Roth and Aric Roth filed a lawsuit against Gary Meyer and other members of the Meyer family, including trustees of the Jean L. Ehrmantrout Residuary Trust, seeking to quiet title to a 10-acre property in Grant County, North Dakota. Gary Meyer had lived on the property since 1962 and believed he owned it, despite a 1982 conveyance to Dolores Meyer’s father, Anthony Ehrmantrout. Gary and Mary Roth cohabitated on the property from 2002 to 2022, during which time Gary conveyed his interest to Mary via quitclaim deed in 2010, and she later conveyed it to her son, Aric.The District Court of Grant County initially found that Gary Meyer had gained title to the property through adverse possession and quieted title in favor of Aric Roth. The court also ordered Gary Meyer to pay Mary Roth $52,500 for loans she had made to him, finding unjust enrichment. The Meyers appealed, arguing that the district court erred in its findings on adverse possession and unjust enrichment.The North Dakota Supreme Court reviewed the case. The court affirmed the district court’s finding of unjust enrichment, agreeing that Gary Meyer was enriched by the loans and had not repaid them, thus impoverishing Mary Roth. However, the Supreme Court found that the district court erred in its adverse possession analysis. The court noted that adverse possession requires clear and convincing evidence of actual, visible, continuous, notorious, distinct, and hostile possession for 20 years. The court found the district court’s findings insufficient to establish hostile possession, particularly given the family relationship and lack of evidence of hostile acts.The North Dakota Supreme Court affirmed the district court’s judgment on unjust enrichment but reversed the decision to quiet title in favor of Aric Roth. The case was remanded for further proceedings consistent with the Supreme Court’s opinion. View "Roth v. Meyer" on Justia Law

KJ Carpenter purchased a vacant lot in a development governed by a Declaration of Restrictions and Obligations (DRO) that required all building plans to be approved by the Architectural Review Committee (Committee). Carpenter initially submitted a building proposal with asphalt shingles, which was approved. Later, he submitted an amended plan requesting a full metal roof, which was denied based on the restrictive covenant limiting roofing materials to cedar shakes, cedar shingles, or earth-toned colored shingles.Carpenter filed a lawsuit seeking court approval to construct a home with a full metal roof, arguing that the Committee had previously approved metal roofing for other houses, thereby waiving the restrictive covenant. He also contended that the "no waiver" clause in the DRO did not apply because the Committee's prior approvals were not in response to breaches.The District Court of Burleigh County granted summary judgment in favor of Southbay Homeowners Association, holding that Carpenter failed to raise any genuine issues of material fact. The court found that the restrictive covenant was clear and unambiguous, and the "no waiver" clause allowed the Committee to approve metal roofs for other properties while denying Carpenter's request.The North Dakota Supreme Court affirmed the summary judgment, agreeing that the "no waiver" clause precluded Carpenter from claiming a waiver of the restrictive covenant. The court held that the Committee's approval of partial metal roofs did not constitute a breach, but the two homes with full metal roofs were in violation of the DRO. The court concluded that Carpenter did not demonstrate a clear intent to waive both the restrictive covenant and the "no waiver" clause, and thus, the district court did not err in granting summary judgment. Southbay's request for costs and attorney's fees was denied. View "Carpenter v. Southbay Homeowners Association" on Justia Law

In June 2020, the North Dakota Department of Health inspected ND Indoor RV Park, LLC and found several health, safety, and fire code violations. The Park was informed that its 2020 operating license would be revoked unless the violations were corrected. The Park did not address the violations, leading to the initiation of the license revocation process. The Park also requested a renewal of its license for 2021, which was denied due to the existing violations. The Park was allowed to operate until the hearing proceedings were final. The Park later withdrew its request for a hearing, and the Department of Health dismissed the renewal application and closed the case. Subsequently, the Park sold its property.The Park filed a complaint against the State of North Dakota, alleging regulatory taking, deprivation of substantive and procedural due process, inverse condemnation, unlawful interference with business relationships, systemic violation of due process, and estoppel. The State moved for judgment on the pleadings, claiming qualified immunity for individual defendants and lack of subject matter jurisdiction on the takings claims. The district court denied the State’s motion for summary judgment on the takings and due process claims but granted summary judgment on the unlawful interference claim. The remaining claims were dismissed by stipulation.The North Dakota Supreme Court reviewed the case. The court granted a writ of supervision, directing the district court to dismiss counts II and III because the individual defendants were entitled to qualified immunity. The court also directed the dismissal of counts I and IV for lack of subject matter jurisdiction, as the Park failed to exhaust administrative remedies. The court concluded that the Park could not prevail on its substantive and procedural due process claims and that the district court lacked jurisdiction over the takings claims. View "ND Indoor RV Park v. State" on Justia Law

Benjamin Jones and Melanie Jones were married in 2003 and have two minor children. They resided in Glenburn, North Dakota, and purchased a modular home and surrounding acreage from Melanie's parents under a contract for deed. During the COVID-19 pandemic, payments on the contract were suspended, and no payments have been made since, leaving an outstanding debt. In March 2023, Benjamin filed for divorce. In February 2024, Melanie's father notified the parties of his intention to declare default and cancel the contract for deed. The trial was held later that month.The District Court of Renville County granted the divorce, awarded primary residential responsibility of the children to Benjamin, and divided the property and debts. The court found zero equity in the marital home due to nonpayment and the intention to foreclose. It reserved ruling on the final value of the marital home and debt consolidation loan for six months. The court awarded Melanie spousal support of $900 per month for 10 years and ordered her to pay $590 per month in child support.The North Dakota Supreme Court reviewed the case. It affirmed the award of primary residential responsibility to Benjamin, finding no clear error in the lower court's decision. However, it reversed the lower court's reservation of ruling on the marital home and debt consolidation loan valuations, as well as the valuation of the marital home and corresponding debt without specific findings on the valuation date. The Supreme Court also found error in the child support calculation for omitting spousal support and in-kind income.The Supreme Court remanded the case for the lower court to clarify the valuation date for the marital property and debt, make specific findings if another valuation date is fair and equitable, redistribute the marital estate if valuations change, reconsider spousal support in light of any redistribution, and recalculate child support to include spousal support. View "Jones v. Jones" on Justia Law

Casey Hoff applied for a building permit from the City of Burlington to add an addition to his home, which is located within the city's floodplain. Hoff, an experienced contractor, provided appraisals and plans to the city officials, who approved the permit based on the information provided. However, after Hoff began construction, it was later determined that the remodel constituted a "substantial improvement" under the city's floodplain ordinances, requiring additional compliance measures. The city subsequently refused to issue a certificate of occupancy, leading Hoff to sue the city.The District Court of Ward County held a bench trial and denied Hoff's claims for a writ of mandamus, declaratory judgment, injunction, and inverse condemnation. The court found that Hoff did not comply with the city's floodplain ordinances and that the remodel was a substantial improvement. The court also granted summary judgment dismissing Hoff's negligence claim, concluding that the city was immune under N.D.C.C. § 32-12.1-03.The North Dakota Supreme Court affirmed the district court's decision. The court held that Hoff did not establish a clear legal right to a certificate of occupancy, as he did not comply with the city's ordinances. The court also found no abuse of discretion in denying Hoff's declaratory judgment and injunction claims. Additionally, the court concluded that Hoff failed to establish a "special relationship" with the city, which is necessary to overcome the city's immunity from negligence claims. The court also rejected Hoff's inverse condemnation claim, finding no total regulatory taking occurred. View "Hoff v. City of Burlington" on Justia Law

In 2021, Sharon Ceynar initiated a divorce action against William Ceynar. Following a bench trial, the District Court of McKenzie County, Northwest Judicial District, granted the divorce and divided the marital estate. Sharon received $1,218,903.90 in net assets, while William received $681,827.35. The court ordered the sale of the couple's real estate and mineral interests at public auction, with 55% of the proceeds going to William and 45% to Sharon.William appealed, arguing that the district court erred in its division of the marital estate, particularly given his large inheritance. The North Dakota Supreme Court reviewed the case, noting that property distribution decisions are not reversed unless clearly erroneous. The court emphasized that the district court's findings are presumed correct and that it does not reweigh evidence or judge witness credibility on appeal.The Supreme Court found that the district court had properly considered the Ruff-Fischer guidelines, which include factors such as the duration of the marriage, the parties' ages, health, and financial circumstances. The district court had noted the long-term nature of the marriage and the need for both parties to have income-generating assets for retirement. Although William argued that his inheritance should result in a larger share of the marital estate, the court found that the district court had appropriately considered this factor and had not erred in its division.The Supreme Court also addressed William's contention that the district court erred in ordering the sale of the real property, noting that the court had the authority to do so to achieve an equitable distribution. The court affirmed the district court's judgment, concluding that the property division was equitable and not clearly erroneous. View "Ceynar v. Ceynar" on Justia Law

In January 2017, Bruce Higgins, Rebekka Higgins, the Estate of Judy Devney, and John L. Devney sought a judgment to quiet title to mineral interests in Williams County and recover oil and gas proceeds. The defendants, Maynard Lund, Kjersti Eide, Don Eide, and Jennifer Eide, denied the allegations and counterclaimed for quiet title. XTO Energy, Inc., Continental Resources, Inc., and Whiting Petroleum, Corp. requested dismissal of the complaint.The District Court of Williams County held a bench trial in April 2018 to interpret a 1964 warranty deed. The court found that the deed reserved Milton Higgins' entire interest in the top parcel and quieted title accordingly, resulting in a 50/50 split of the partnership mineral acres between the successors of Milton Higgins and Howard Lund. The court awarded the plaintiffs $237,000 in royalty damages plus fees and costs. In 2021, the court granted summary judgment motions by the plaintiffs, determining that the 1952 royalty deed conveyed a floating royalty rather than a fixed royalty. Final judgment was entered in January 2024.The North Dakota Supreme Court reviewed the case and affirmed the lower court's decisions. The court held that the 1964 warranty deed was ambiguous, allowing for extrinsic evidence to determine the parties' intent, and concluded that the reservation applied to both the top and bottom parcels. The court also found no valid stipulation regarding the interpretation of the 1952 royalty deed and determined that the deed conveyed a floating royalty. The court affirmed the district court's interpretation of the deeds and the division of the suspended oil and gas proceeds. View "Higgins v. Lund" on Justia Law

Northstar Center, LLC entered into a real estate contract with Lukenbill Family Partnership, LLLP to purchase a 120-acre parcel of land. The contract was later assigned to Northstar by Templeton Enterprises, LLC. The agreement included an option to purchase an additional 105-acre parcel, which was amended to a commitment to purchase. Northstar provided a promissory note for a tax increase payment due by January 1, 2014, but paid it late. Lukenbill sold the disputed property to Tundra Properties, LLC, leading Northstar to sue for breach of contract and intentional interference with contract.The District Court of Williams County granted summary judgment in favor of Northstar on its breach of contract claim against Lukenbill and its intentional interference with contract claim against Tundra. The court also granted summary judgment in favor of Lukenbill on its indemnification claim against Tundra and dismissed Tundra’s breach of warranty claim against Lukenbill. The court held a bench trial on Northstar’s damages due to Lukenbill’s breach.The North Dakota Supreme Court reviewed the case and found that the district court erred in granting summary judgment for Northstar on its breach of contract and intentional interference claims. The Supreme Court determined that genuine issues of material fact existed regarding whether Northstar breached the contract by failing to make the tax increase payment on time and whether Tundra had knowledge of the contract amendments. The court also found that the district court improperly resolved factual disputes regarding Tundra’s knowledge and intent, and whether Tundra acted without justification.The Supreme Court affirmed the dismissal of Tundra’s breach of warranty claim but reversed the summary judgments on Northstar’s breach of contract and intentional interference claims, as well as Lukenbill’s indemnification claim. The case was remanded for further proceedings consistent with the Supreme Court’s opinion. View "Northstar Center v. Lukenbill Family Partnership" on Justia Law