Notable Items:


Petitioner:
Respondent:
Venue: Supreme Court of North Dakota

Issue(s) Before the Court:

Petitioner's Claim(s):

The defendant had negligently and carelessly failed to eliminate the holes or to warn attendees about the holes.
Contend that the district court did not view the evidence in the light most favorable to them and erred in finding, as a matter of law, that Jacqueline Schmidt's use of the land was recreational ....

Respondent's Claim(s):

Defendant claims action barred by NDCC statute regarding recreational use immunity.

Holding(s) and Disposition:

Held: We therefore conclude resolution of the issue by summary judgement was inappropriate and a reman is necessary for the trier of fact to apply the balancing test to this mixed-use case ....
Disposition: Reverse the summary judgement and remand for proceedings consistent with this opinion.

Material Facts:

Procedural History:

Rationale

Majority Opinion

?? Concurrance in part, dissent in part (??)

?? Dissent (??)


Full Recounting of Facts

Majority Full Argument