Nandan, LLP v. City of Fargo

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Nandan, LLP appealed the grant of summary judgment and an order denying its N.D.R.Civ.P. 60(b) motion for relief from judgment, ruling that road and utility repairs were incidental to the repair of a water and sewer system damaged by a landslide in Fargo, and that the City of Fargo was therefore not required to pass a resolution of necessity to create an improvement district to fund the repairs. In 2012, a landslide occurred along 32nd Street North in Fargo near where Nandan and Border States Paving, Inc., owned property. The landslide damaged a water main and storm sewer; the street; and Drain No. 10, which was owned, operated, and maintained by the Southeast Cass Water Resource District. The road and adjacent water and sewer lines were owned by Fargo. Fargo created an improvement district to fund repairs to the drain, water main, and sanitary sewer systems on a portion of the drain without adopting a resolution of necessity. Fargo later entered into a joint powers agreement with the District which set forth the parties' obligations for the repairs. The district court granted Fargo's N.D.R.Civ.P. 12(b)(6) motion to dismiss for failure to state a claim upon which relief could be granted, concluding Nandan and Border States had no right to protest under N.D.C.C. 40-22-06 because the city let the bids for project construction, or under N.D.C.C. 40-22-15 because the project constituted a water or sewer improvement for which a resolution of necessity was not required. Finding that Nandan failed to raise a genuine issue of material fact precluding summary judgment, the North Dakota Supreme Court affirmed. View "Nandan, LLP v. City of Fargo" on Justia Law