Interest of A.J.L.H.
2012 ND 235
| N.D. | 2012Background
- In 2008, Zajac agreed to buy Schwab land for $196,000 with $10,000 earnest money to escrow and a title free of encumbrances except recorded easements.
- Schwab disclosures stated no known Wildlife easements; later title search revealed a U.S. Fish and Wildlife waterfowl easement on the property.
- Zajac recorded an affidavit of interest in January 2009 arguing misrepresentation and seeking to terminate the easement; he sought return of earnest money.
- Schwabs sued for earnest money, quiet title, and damages for slander of title; Zajac counterclaimed for fraud, alleging misrepresentation of the easement and reduced land value.
- Jury found Zajac liable for slander of title ($4,000 damages) and not liable for fraud; court ordered Zajac to sign a disclaimer and ordered earnest money to Schwabs; Schwabs later awarded trial costs of $7,642.
- This appeal challenges evidentiary rulings, due process arguments, and seeks attorney fees on appeal under N.D.C.C. § 47-19.1-09; the court affirms and remands for appellate fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of easement-removal evidence | Zajac sought to admit mediation-like discussions to prove misrepresentation. | Such settlement negotiations should be excluded under N.D.R.Ev. 408. | Excluded; district court did not abuse discretion. |
| Present value evidence to mitigate damages | Present land value at trial should limit damages for slander of title and support fraud claim. | Value evidence was admissible to prove damages and fraud. | Court did not abuse discretion; exclusion affirmed due to lack of offer of proof. |
| Due process and self-representation | Self-representation and court interruptions denied fair trial. | Trial afforded meaningful opportunity to be heard; self-representation treated same as counsel. | No due process violation; trial court acted within its discretion. |
| Appeal as to unresolved judgment components | Appeal lies regarding unsatisfied damages and fees not paid. | Earnest money was paid; only slander-of-title damages remain. | Appeal not mooted; issues relating to slander of title damages remain active. |
| Attorney fees on appeal under 47-19.1-09 | Schwabs entitled to all costs including attorney fees on appeal for slander of title. | American Rule generally applies; fees on appeal may be limited. | Schwabs entitled to attorney fees on appeal; remand for fee determination. |
Key Cases Cited
- City of Bismarck v. Mariner Constr., Inc., 2006 ND 108 (2006) (settlement evidence rule and balancing admissibility under Rule 408)
- Hartleib v. Simes, 2009 ND 205 (2009) (procedural due process; trial court discretion; meaningful opportunity to present evidence)
- Forster v. West Dakota Veterinary Clinic, Inc., 2004 ND 207 (2004) (broad evidentiary discretion; offer of proof required on appeal)
- Blessum v. Shelver, 1997 ND 152 (1997) (procedural rules applied to self-represented litigants)
- Wagner v. Peterson, 430 N.W.2d 331 (N.D. 1988) (evidentiary rules and error preservation standards)