North Dakota Supreme Court

Riverwood Commercial Park, L.L.C., and Tom S. Freidt, Plaintiffs and Appellants v. Standard Oil Company, Inc…

March 5, 20072007 N.D. LEXIS 34

Summary

The court reversed dismissal of Riverwood's action arising from a sewer pipeline crossing its property. It held that the claims not available in the earlier summary eviction proceeding were not barred by law of the case, res judicata, or collateral estoppel, and that dismissal with prejudice for failure to join allegedly indispensable parties was unauthorized. The court remanded for further proceedings, including consideration of Riverwood's motion to amend its complaint to seek exemplary damages.