Justia Real Estate & Property Law Opinion Summaries

RFM-TREI Jefferson Apartments, LLC; RFM-TREI Lincoln Apartments, LLC; Dickinson Homestay, LLC; and Lodgepros Dickinson, LLC (together “the Taxpayers”) appealed district court judgments affirming the Stark County Board of Commissioners’ (“the Board”) denials of their applications for tax abatements or refunds. The Taxpayers collectively owned two apartment complexes and two hotels located in the City of Dickinson. The Taxpayers filed applications for abatement or refund of their 2016 property taxes. The Taxpayers’ opinions of value for each property differed from the City’s valuations by a range of roughly $1.8 million to $20.3 million. After holding a hearing, the City recommended the Board deny each application. The Board indeed denied the abatement applications in four separate written decisions. Using the same language in each, the Board concluded the assessor’s valuations were not “in error, invalid, inequitable, unjust, or arrived at in an arbitrary, capricious, or unreasonable manner.” The decisions also explained the Board did not believe the Taxpayers provided “sufficient enough information relating to the subject properties, or the local market for competing properties, to lead us to the same value conclusions requested by the applicant.” The district court affirmed each denial in separate, written orders and judgments. After review, the North Dakota Supreme Court concluded the Board acted arbitrarily and unreasonably in adopting assessments exceeding the true and full value of the property. The Court reversed the district court judgments and the Board’s decisions denying the Taxpayers’ abatement applications. The matters were remanded for a new hearing to determine the “true and full value” of the properties and reconsideration of the abatement applications. View "RFM-TREI Jefferson Apartments v. Stark County Board of Comm'rs" on Justia Law

G&D Enterprises (“G&D”) appealed the dismissal of its claims against against Merrilynn Liebelt. G&D and Liebelt owned adjacent properties in the City of Beulah, North Dakota. In the summer of 2015, G&D discovered a private water line while digging on its property, puncturing the line. The water line crossed a portion of G&D’s property and supplied water to Liebelt’s residence on her property. Before either G&D or Liebelt owned their respective property, both properties had been one lot. The existence of the water line was not recorded, and neither party had actual knowledge of the water line before G&D discovered it. It was undisputed that there was no express easement of record for the water line. In November 2017, G&D filed a summons and complaint at district court, asserting claims against Liebelt for private nuisance and civil trespass and seeking damages and injunctive relief. Liebelt answered, denying the allegations and asserting G&D was not entitled to any damages, injunctive relief, or recovery. In March 2019, Liebelt moved the district court for summary judgment on all claims. The North Dakota Supreme Court concluded the court erred in granting summary judgment because the court misapplied the law, and genuine issues of material fact existed on G&D’s claims for nuisance and trespass, and the court erred in dismissing G&D’s request for injunctive relief. View "G & D Enterprises v. Liebelt" on Justia Law

Robert Hall appealed a judgment entered in favor of the defendants Estate of John Hall, Deborah Hall, and Leslie Hall Butzer ("Hall defendants") in this action to quiet title to a non-participating royalty interest (NPRI) in certain real property. The North Dakota Supreme Court concluded the district court did not abuse its discretion in vacating a default judgment against John Hall. However, because res judicata did not bar Robert Hall’s claims, the court erred in granting summary judgment to the Hall defendants. The matter was therefore affirmed in part, reversed in part, and remanded for further proceedings. View "Hall v. Hall, et al." on Justia Law

Cash Aaland, Larry Bakko, and Penny Cirks (the “Landowners”) moved to stay, pending appeal, district court orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their properties. In September and December 2019, the District contacted the Landowners seeking easements on their properties to conduct long-term monitoring for the Fargo-Moorhead Flood Diversion Project (the “Project”). After the District failed to obtain these easements, it applied for a permit to enter the Landowners’ properties to monitor environmental impacts in connection with the Project through December 2021. The application provided that access to the Landowners’ properties was necessary to conduct examinations, surveys, and mapping, including geomorphic examinations requiring installation of survey monuments on certain properties. The Landowners opposed the District’s application. To the North Dakota Supreme Court, the Landowners argued that without a stay, they would suffer irreparable injury. Finding the Landowners would not suffer irreparable injury, the Court denied the motion to stay the district court orders. View "Cass County Joint Water Resource District v. Aaland, et al." on Justia Law

Appellants, the Pederson defendants, appealed after a district court granted summary judgment quieting title to certain mineral interests in appellees, the Muhlbradt plaintiffs. The Pederson defendants argued the court erred in deciding a deed did not except or reserve a future 50 percent interest in the disputed mineral interests to the defendants or their predecessor in interest. They further contended the court erred in relying on division orders to conclude the defendants’ predecessor in interest conveyed the disputed mineral interests. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Muhlbradt, et al. v. Pederson, et al." on Justia Law

Dennis Thorson appeals from a judgment ordering him to remove a building from Keith Kvande’s property. Kvande owns real property described as Lot 3 in Block 1 of the School Addition to the City of Wheelock, Williams County, North Dakota. In 2012, Thorson purchased a building located in Epping, North Dakota. Kvande and Thorson had multiple discussions about moving the building to Kvande’s property. Thorson claimed they discussed moving the building onto Kvande’s property permanently, but Kvande claimed they only discussed moving the building onto his property for temporary storage. The parties did not have a written agreement about the property or the building. In fall 2012, Thorson had a concrete foundation poured for the building on Kvande’s property and moved the building onto the foundation. Thorson hooked the building up to sewer, water, and electrical service, and he began living in the building. Thorson did not pay Kvande rent or purchase the property. In May 2015 or 2016, Kvande demanded Thorson vacate the property, but Thorson did not leave. Kvande then attempted to evict Thorson from the property. In September 2017, Kvande sued Thorson, requesting the district court order Thorson to remove the building from the property and return the property to its prior state or award him the cost of having the building removed and the property restored. On appeal, Thorson argued laches and equitable estoppel applied and prevented Thorson’s removal from the property. The North Dakota Supreme Court concluded the district court did not err by finding laches and equitable estoppel did not apply and did not preclude the court from ordering the removal of the building from Kvande’s property. View "Kvande v. Thorson" on Justia Law

The dispute concerned lots, streets, and alleys within or near the City of Glen Ullin. The lots, streets, and alleys were all surveyed and platted, but undeveloped. The Park District owned or had authority over the lots. The City had authority over the streets and alleys, which ran adjacent to and between the lots. The Schirados owned land near both the Park District property and the City property. The Shirados appealed after the district court granted summary judgment in favor of the City and the Park District, concluding the case was res judicata due to a prior lawsuit between the Park District and the Schirados. The court entered judgment enjoining the Schirados from placing any obstruction or personal property on certain City lands and on certain Park District lands and awarded attorney’s fees. After its review, the North Dakota Supreme Court concluded the court properly applied the doctrine of res judicata to the Park District lands, which were the subject of the prior lawsuit, but it erred when it applied res judicata to the City lands, which were not included in the prior lawsuit. The Court therefore affirmed in part, reversed in part, vacated the award of attorney’s fees and costs, and remanded the case for further proceedings. View "City of Glen Ullin, et al. v. Schirado, et al." on Justia Law

This dispute concerned two parcels of real estate located in Emmons County, North Dakota. Jeff and Donna Magrum appealed a district court judgment quieting title to real estate in Leslie Gimbel. The Magrums argued the court erred when it determined they did not acquire ownership of the property by adverse possession or acquiescence. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Gimbel v. Magrum, et al." on Justia Law

The Board of University and School Lands of the State of North Dakota, the State Engineer, and Statoil Oil & Gas LP appeal from a judgment determining William Wilkinson and the other plaintiffs owned mineral interests in certain North Dakota land. Although the judgment was not appealable because it did not dispose of all claims against all parties, the North Dakota Supreme Court exercised its supervisory jurisdiction to review the summary judgment. The Court concluded the district court did not err in concluding N.D.C.C. ch. 61-33.1 applied and the disputed mineral interests were above the ordinary high water mark of the historical Missouri riverbed channel, but the court erred in quieting title and failing to comply with the statutory process. Therefore, the Court affirmed in part, reversed in part, and remanded for further proceedings. View "Wilkinson, et al. v. Board of University and School Lands of the State of N.D." on Justia Law

The Plaintiffs, in their individual capacities and on behalf of similarly situated taxpayers, sought declaratory relief regarding chapter 61-33.1, N.D.C.C., relating to the ownership of mineral rights in lands subject to inundation by the Garrison Dam, was unconstitutional. The district court concluded that N.D.C.C. 61-33.1-04(1)(b) was on its face unconstitutional under the “gift clause,” and enjoined the State from issuing any payments under that statute. The court rejected Plaintiffs’ constitutional challenges to the rest of chapter 61-33.1. The Defendants appealed and the Plaintiffs cross-appealed the trial court’s orders, judgment, and amended judgment. After review, the North Dakota Supreme Court reversed that portion of the judgment concluding N.D.C.C. 61- 33.1-04(1)(b) violated the gift clause and the court’s injunction enjoining those payments. The Supreme Court also reversed the court’s award of attorney’s fees and costs and service award to the Plaintiffs because they were no longer prevailing parties. The Court affirmed the remainder of the orders and judgment, concluding the Plaintiffs did not establish that chapter 61-33.1 on its face violated the North Dakota Constitution. View "Sorum, et al. v. North Dakota, et al." on Justia Law