Justia Real Estate & Property Law Opinion Summaries

Joan and Shane Tangedal appealed the grant of summary judgment dismissing their negligence claim against the Lake Region District Health Unit and denying their motion to amend their complaint to add a Lake Region employee, Allen McKay, as a defendant to their lawsuit. In September 2014, the Tangedals sued William and Mavis Mertens, Lake Region, and the Ramsey County Board of Commissioners for damages resulting from the January 2014 collapse of a septic tank on land the Tangedals had purchased from the Mertens in 2009. The Tangedals alleged the Mertens failed to disclose that in 2000 they built an addition to the residence on the land on top of the septic system in violation of applicable state and county regulations. The Tangedals also alleged that, as part of the purchase and as required under North Dakota law and Ramsey County regulations, McKay, the Environmental Health Supervisor for Lake Region, inspected the septic system and negligently certified it as "expected to function satisfactorily and . . . not likely to create an insanitary condition." Lake Region and the Ramsey County Board answered, denying liability and alleging governmental immunity in the performance of a public duty. After review, the Supreme Court concluded Lake Region and McKay had immunity for their alleged acts under N.D.C.C. section 32-12.1-03(3). Therefore, the trial court did not abuse its discretion in denying the Tangedals' motion to amend their complaint and did not err in granting summary judgment dismissal of their claim against Lake Region. View "Tangedal v. Mertens" on Justia Law

Sandra Horob, Steven Poeckes, Steve Shae, Mike Shae and Paul Shae, the successors to the interests of John and Bernice Shae ("Horob plaintiffs"), appealed the grant of summary judgment deciding ownership of an oil and gas lease in favor of the successors to the interest of the William Herbert Hunt Trust Estate (collectively "defendants") and declaring the lease did not terminate and remained in effect. The Horob plaintiffs argued the Shae lease expired under the cessation of production clause because production from the well on the interest at-issue ceased, and additional drilling or reworking operations were not commenced within 60 days of the cessation. The district court concluded the lease did not expire because the cessation of production clause was not triggered. The court alternatively concluded the lease did not expire because: (1) it remained in effect under the terms of a communitization agreement with the United States; and (2) the Horob plaintiffs ratified the lease by accepting royalty payments after the lapses in production. After review, the North Dakota Supreme Court concluded the Shae lease's cessation of production clause was triggered, however, the lease remained in effect under the terms of the communitization agreement. View "Horob v. Zavanna, LLC" on Justia Law

In consolidated appeals, several landowners appealed district court orders granting the Cass County Joint Water Resource District (District) permission to enter their respective properties. The Landowners argued that the district courts lacked subject matter jurisdiction over the cases because: (1) the District failed to serve a summons and complaint; (2) that soil borings and other tests were outside the scope of permitted examinations; and (3) they were entitled to a jury trial to determine just compensation. Finding no reversible error, the Supreme Court affirmed the district courts' orders. View "2015 Application for Permit to Enter Land" on Justia Law

Dickinson Elks Building, LLC, appealed after the district court forfeited a construction lien filed by Rick and Janan Snider, doing business as RJ Snider Construction, and awarded the Dickinson Elks attorney's fees. In December 2011, Snider contracted with Beaver Brinkman to perform work on real property owned by the Dickinson Elks. Snider recorded a construction lien in January 2013 against the property after it did not get paid for all of its work. In May 2014, the Dickinson Elks served Snider with a demand to start a lawsuit to enforce the lien and record a lis pendens within 30 days of the demand. Snider sued the Dickinson Elks in June 2014, seeking foreclosure of the construction lien and a money judgment. Snider recorded a notice of lis pendens in July 2014. The Dickinson Elks moved for summary judgment, arguing Snider's complaint should have been dismissed because Snider was not a licensed contractor when it started the work on the property. The Dickinson Elks also argued Snider did not have a valid construction lien, because Snider did not record a lis pendens within 30 days of receiving the demand to enforce the lien. The district court granted the motion in part and entered a judgment forfeiting Snider's construction lien because Snider did not record a lis pendens within 30 days of receiving the Dickinson Elks' demand to enforce the lien. After review, the Supreme Court concluded it did not have jurisdiction and dismissed the appeal. View "Snider v. Dickinson Elks Building, LLC" on Justia Law

In 2013, Leona Kuhn was charged in Napoleon Municipal Court with improper disposal of refuse in violation of Napoleon city ordinance 10.0310. After her house had been severely damaged by fire, Kuhn disposed of debris from the house in the Napoleon city dump. The municipal court found Kuhn guilty of improper disposal, and she appealed to the district court. After a March 2014 trial, the district court found her guilty of the infraction for improper disposal. The court entered a criminal judgment imposing a $500 fine, but the court also purported to defer imposition of sentence and have Kuhn remove or relocate rubbish "to the City's satisfaction." In April 2014 Kuhn moved the district court for a restitution hearing, which was held in May 2014. After the hearing the court declined to modify the criminal judgment and entered an order denying her request for a written restitution order, stating no restitution had been ordered. Kuhn appealed. In 2015, the district court held a hearing on remand. The court decided to defer imposition of the $500 fine for the infraction and to order restitution rather than restoration of the property. The court initially scheduled a restitution hearing for October 5, 2015, without objection, but ultimately held the restitution hearing on October 21, 2015. After the hearing, the court entered an order deferring imposition of a $500 fine for six months and requiring Kuhn pay restitution in the amount of $10,686.98. Kuhn argued the district court's order deferring imposition of sentence and imposing payment of restitution of $10,686.98 should be set aside. Finding no abuse of discretion in the district court's order, the Supreme Court affirmed. View "City of Napoleon v. Kuhn" on Justia Law

In September 2014, the City of Larimore served the Sandahls with a notice of a public nuisance and order to repair or demolish buildings on three parcels of their property. Lonny and Lilian Sandahl appealed the denial of their request to submit additional evidence and affirming the City's finding that a building on their property was dangerous and unsafe and ordering demolition of the building. After review, the Supreme Court concluded the Sandahls' self-represented notice of appeal to the district court was not timely under N.D.C.C. 28-34-01 and "Zajac v. Traill Cty. Water Res. Dist.," (2016 ND 134), vacated the judgment, and remanded the case back to the district court to dismiss the appeal. View "Sandahl v. City Council of the City of Larimore" on Justia Law

Constellation Development, LLC, appealed dismissal of its claims against Western Trust Company and its trustee, Gary Hoffman (collectively "Western"), for breach of contract and equitable and promissory estoppel, and against Dabbert Custom Homes, LLC, for tortious interference with a business contract. In 2013, Constellation agreed in writing to purchase about 24 acres of land in Cass County from Western, with the remaining balance to be paid on October 14, 2013. A check was tendered with the agreement, but was returned for insufficient funds. When Constellation tendered a cashier's check to cover the earlier check, Western refused it. In it s suit against Wester, Constellation claimed there had been an oral extension of the purchase agreement. The Supreme Court found the district court did not err in finding there was no breach of any agreement Western had with Constellation, it affirmed dismissal of Constellation's claims. View "Constellation Development, LLC v. Western Trust Co." on Justia Law

Roland Riemers twice sued Heidee Hill, her husband, Jason Hill, and her three children, Hannah Hill, Ashley Roesler, and Hailey Marie Hill, for unpaid rent, late fees, property damage, and punitive damages arising out of a lease agreement signed by Heidee Hill for a house in Emerado. Only Heidee Hill signed the lease agreement, but Heidee and Jason Hill were both identified as applicants on the agreement and the three children were listed as "others who will be sharing the house." The Hill family moved to dismiss Riemers' complaint for failure to state a claim and sought attorney fees. They asserted the property was uninhabitable and had been condemned by the Grand Forks Public Health Department in July 2013. They also counterclaimed for abuse of process, alleging Riemers' claims for unpaid rent and property damage were "so outrageous and ridiculous" to rise to the level of abuse of process. They claimed that despite the property being condemned in July 2013, Riemers sued them for structural damage to the house that was clearly Riemers' responsibility and Riemers had an ulterior motive to harass and embarrass them with a lawsuit void of any factual or legal basis. Riemers appealed the judgment awarding him $8,245.87 from Heidee Hill for unpaid rent and property damage and ordering him to pay Ashley Roesler $10,164 for abuse of process. After review, the Supreme Court concluded the district court erred in granting summary judgment on the liability issue of the abuse-of-process claim. Accordingly, the Court affirmed in part and reversed the summary judgment on that claim and remanded for further proceedings. View "Riemers v. Hill" on Justia Law

In June 2014, the Traill County Water Resource District initially approved Patricia Bertsch's application to install subsurface drain tile on her land, conditioned on her obtaining flowage easements from affected landowners, including appellant Ray Zajac. At a regularly scheduled meeting on July 7, 2015, the Resource District amended its original approval of Bertsch's application to eliminate the requirement that she obtain an easement from Zajac. Zajac did not dispute the agenda for the Resource District's regularly scheduled July 7, 2015 meeting was filed with the Traill County Auditor before the meeting and stated the "Jon Bertsch-Zajac Easement Issue" would be addressed at 7:30. The parties did not dispute that a separate notice of hearing was not mailed to or otherwise served upon Zajac before the meeting. After amending approval of Bertsch's application, the Resource District sent Zajac a July 14, 2015 letter notifying him of the July 7, 2015 decision. On August 10, 2015, Zajac filed a notice of appeal from the Resource District's amended decision with the district court. The district court dismissed Zajac's appeal, concluding it was not timely under N.D.C.C. 28-34-01. Finding no error in the district court's dismissal, the Supreme Court affirmed. View "Zajac v. Traill County Water Resource District" on Justia Law

Susan Lundberg, as Trustee of the Gabriel J. Brown Trust, appealed the grant of summary judgment quieting title in a tract of land to Greg Holverson, directing the Trust to convey the land to Holverson, and dismissing the Trust's counterclaims for rescission or for damages for breach of contract. In May 1980, Holverson owed a balance on a contract for deed. Robert Lundberg, as original Trustee, released 5.09 acres from the contract and deeded that land to Holverson. Holverson executed a mortgage on the 5.09 acres as additional security for the contract for deed and the single indebtedness of $39,018.40 under the same repayment terms as the contract for deed. Holverson made sporadic payments under the amended contract for deed and mortgage. According to Susan Lundberg, she wrote Holverson multiple times asking him to make required payments. In December 2012, the Trust initiated proceedings to cancel the contract for deed and served Holverson with a notice of default. Holverson agreed to pay the balance due under the contract for deed and mortgage. According to Susan Lundberg, she reviewed records at the Burleigh County Recorder's Office and learned Holverson had obtained and satisfied several other mortgages on the land while making sporadic payments to the Trust since 1978. Susan Lundberg claimed she discovered Holverson had executed five mortgages on the land and satisfied three of the mortgages between 1978 and 1997, and he had obtained six mortgages and satisfied seven mortgages after 1997. She claimed she also discovered Holverson's stated reason for amending the contract for deed and mortgage on November 10, 1997, was false, because the record in the recorder's office reflected he had obtained the Capital Credit Union mortgage several days before Holverson's contract for deed and mortgage with the Trust were amended on November 10, 1997. Holverson made a timely tender of a certified check for the balance due under the contract for deed and mortgage, and the Trust refused to accept the check and execute a warranty deed for the land. Holverson sued the Trust to quiet title and determine ownership of the land. Holverson generally denied the Trust's allegations of fraud and misrepresentation and affirmatively pled accord and satisfaction, estoppel, laches, payment, release, statute of limitations, and waiver. The district court granted Holverson's motion for summary judgment. After review, the North Dakota Supreme Court concluded the Trust's claims were barred by the statute of limitations, and affirmed the district court's judgment. View "Holverson v. Lundberg" on Justia Law