City of Glen Ullin, et al. v. Schirado, et al.
Annotate this CaseThe 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.
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