Stibbe v. Saunders

Stibbe v. Saunders, 2000 ND 117, 617 N.W.2d 131

Filed June 8, 2000
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2000 ND 117

Gary A. Stibbe, (M. J. Haven & J. T. Halstenson), Plaintiffs and Appellants
v.
Estate of Elaine Saunders and/or Eldon Saunders or their heir(s), Defendants and Appellees

No. 990367

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Lawrence A. Leclerc, Judge.
AFFIRMED.
Per Curiam.
Gary A. Stibbe, pro se, North Dakota State Penitentiary, P.O. Box 5521, Bismarck, ND 58506-5521, for plaintiffs and appellants; submitted on brief.
James A. Reisnour of Mackenzie & Reisnour, P.O. Box 1836, Jamestown, ND 58402-1836, for defendants and appellees; submitted on brief.

Stibbe v. Saunders
No. 990367

Per Curiam.

[¶1] Gary A. Stibbe appeals from the trial court's order of dismissal with prejudice. Stibbe sued Eldon Saunders, the estate of Elaine Saunders, and their heirs ("the Saunders") claiming agricultural nuisance, criminal conspiracy, and attempted murder. Stibbe sought five million dollars in damages, confinement of Eldon Saunders for life in a nursing home, and revocation of Eldon Saunders' driver's license asserting the Saunders allowed renters to "muddy" several fields in the spring of 1994 by cultivating during wet conditions.

[¶2] We summarily affirm the trial court's order of dismissal with prejudice under Rule 35.1(a)(1) and (6), N.D.R.App.P.

[¶3] Gerald W. VandeWalle, C.J.
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring