Justia Real Estate & Property Law Opinion Summaries

Joe Waldock appealed the grant of summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson. Waldock argued the district court erred in deciding a 1954 administrator's deed from Edwardson's Estate to Waldock's predecessor in interest, Clark Van Horn, was equivalent to a quitclaim deed and in deciding the rule for interpreting mineral conveyances from "Duhig v. Peavy-Moore Co.," (144 S.W.2d 878 (Tex. 1940)), was not applicable to the administrator's deed. ThUpon review, the Supreme Court concluded the legal effect of the plain language of the administrator's deed conveyed 25 percent of the mineral interests to Waldock's predecessor in interest and reserved 25 percent of the mineral interests to Edwardson's Estate. Accordingly, the Court affirmed. View "Waldock v. Amber Harvest Corporation" on Justia Law

The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appealed the grant of summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols plaintiffs") to determine ownership of 1/2 of the mineral interests in a parcel of land in Mountrail County. The Goughnour defendants claimed they collectively owned 1/4 of the mineral interests in the land and the Nichols plaintiffs owned 1/4 of the mineral interests. The district court decided the Goughnour defendants collectively owned 1/9 of the mineral interests in the land and the Nichols plaintiffs owned 7/18 of the mineral interests. After review of the district court record, the Supreme Court affirmed. View "Nichols v. Goughnor" on Justia Law

David and Marjorie George appealed the grant of summary judgment which quieted title to gravel, clay, and scoria in a quarter section of land in McKenzie County in Rosalie Veeder. Upon review, the Supreme Court concluded the district court did not err in granting summary judgment quieting title in Veeder and in denying the Georges' motion to amend their complaint to seek reformation. View "George v. Veeder" on Justia Law

John Miller and J.D. Miller Farming Association (collectively "Miller") appealed an order that affirmed the Walsh County Water Resource District's decision requiring Miller to remove unpermitted dikes from his property located in Forest River Township. Upon review of the matter, the Supreme Court affirmed, concluding Miller failed to establish that the District acted arbitrarily, capriciously or unreasonably, that there was not substantial evidence to support its decision, or that the District was estopped from requiring removal of the dikes. View "Miller v. Walsh County Water Resource District" on Justia Law

D&P Terminal, Inc., and Potter Enterprises appealed a district court judgment that affirmed the decision of the Board of City Commissioners of Fargo in approving special assessments against their property. Upon review, the Supreme Court affirmed, concluding the Fargo Special Assessment Commission did not use an inappropriate method to calculate the benefits to property included in the improvement district. View "D&P Terminal v. City of Fargo" on Justia Law

Plaintiffs-Appellants Robert and Susan Hale appealed a district court summary judgment that dismissed their nuisance and governmental takings claims against Ward County and the City of Minot. The Hales own property on what is otherwise agricultural land approximately one mile southeast of a shooting range used for training Minot area local, state and federal law enforcement officers. Mr. Hale brought suit against Ward County and Minot alleging the law enforcement shooting range was a private and public nuisance and the shooting range devalued his property, resulting in a governmental taking. Upon review, the Supreme Court affirmed in part, and reversed in part. "When viewed in the light most favorable to the Hales, the maps, photographs and additional evidence raise[d] a genuine issue whether the terrain surrounding the shooting range prevents bullets from exiting the shooting range." The Court reversed the grant of summary judgment as to the Hales' public nuisance claim, but affirmed in all other respects. View "Hale v. Ward County" on Justia Law

Defendants-Appellants Timothy and Elizabeth Lamb appealed a summary judgment cancelling their contract for deed with EVI Columbus, LLC ("EVI") and awarding EVI its costs incurred in cancelling the contract for deed. Upon review, the Supreme Court concluded the trial court did not abuse its discretion by denying the Lambs' motion to amend their answer to include counterclaims against EVI and refusing to construe the Lambs' affirmative defenses as counterclaims; the trial court properly granted EVI's motion for summary judgment awarding a $150 personal judgment against the Lambs to EVI for its costs and disbursements; and the Court denied EVI's request for double costs and attorney's fees related to the appeal. View "EVI Columbus, LLC v. Lamb" on Justia Law

Quality Auto Body, Inc. and Bradley R. Huebner ("Quality Auto Body") appealed a trial court's findings of fact, conclusions of law, and order for judgment awarding immediate possession of leased premises, a money judgment for past due rent and late fees, and a money judgment for reasonable attorney's fees, costs, and disbursements to Working Capital #1, LLC. Although an order for judgment is not appealable, "an attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists." The Supreme Court treated this case as an appeal, and affirmed the trial court's judgment awarding Working Capital immediate possession of the leased premises, a money judgment for past due rent and late fees, and a money judgment for reasonable attorney's fees, costs, and disbursements.

Dakota Resource Council ("the Council") appealed a district court judgment that affirmed a Stark County Board of County Commissioners ("the Board") decision approving a zoning change for certain land from agricultural to industrial and authorized nine conditional uses for the property. The Board and Great Northern Project Development ("Great Northern") cross-appealed. Great Northern planned to construct and operate a coal gasification facility on a tract of land in Stark County. Great Northern's planned 8,100 acre complex would include a coal gasification plant, chemical fertilizer plant, electrical power plant, coal mine, solid waste landfill, and facilities for manufacture and storage of hazardous, explosive, and odorous products. Great Northern submitted an application to the Stark County Zoning Commission ("the Commission") to change the zoning of the land from agricultural to industrial and to allow nine conditional uses of the land. The Commission scheduled a hearing on the application and sent notice of the hearing by certified mail to all persons who owned land within 200 feet of the boundaries of the proposed rezoned tract. Following the hearing, the Commission voted to recommend that the Board approve the application, conditioned upon Great Northern obtaining all necessary local, state, and federal permits or approvals. The Board subsequently approved the application to rezone the property from agricultural to industrial and approved the requested conditional uses. The Council, Neighbors United, and several individuals who owned land near the rezoned tract appealed the Board's decision to the district court. The district court initially determined that the Council, Neighbors United, and the individual landowners had standing to challenge the Board's decision, but the district court affirmed on the merits the Board's decision to rezone the property and allow the conditional uses. In their cross-appeal, the Board and Great Northern contended the Council lacked standing to appeal the Board's decision to the district court. Upon review, the Supreme Court concluded the Council had standing to appeal the Board's decision and the Board did not misinterpret or misapply its zoning ordinance.

Respondents-Appellants Darlene Hankison, Michael Flick, Steven Flick, David Flick, landowners in Wells County, and Weckerly F.L.P., a landowner in Sheridan County, appealed a Wells County district court judgment and a Sheridan County district court order that denied their motions to dismiss and granted Minnkota Power Cooperative, Inc.'s petitions to enter their property to conduct testing and surveys. The Wells County district court held that for purposes of a petition to enter land for surveying and testing, Minnkota only needed to show it was in charge of a public use or it was in the category of persons entitled to seek eminent domain. The court determined Minnkota was in charge of a public use and also was entitled to seek eminent domain. The Sheridan County court held, under N.D.C.C. § 10-15-52, a foreign cooperative is entitled to all rights, exemptions, and privileges of a cooperative organized for the same purposes under the laws of this state when it is issued a certificate of authority from the secretary of state. Minnkota was issued a certificate of authority from the secretary of state, and it is organized to provide power to its members. Because North Dakota electric cooperatives have authority to use eminent domain, the court determined Minnkota also has the power to use eminent domain. Upon review, the Supreme Court concluded the district courts did not err in concluding that Minnkota was entitled to seek the power of eminent domain under North Dakota law.