City of Glen Ullin, et al. v. Schirado, et al.
Annotate this CaseKaren and Jerome Schirado appealed a judgment granting the City of Glen Ullin and the Glen Ullin Park District permanent injunctive relief and awarding the Park District attorney’s fees. The Schirados owned land near both Park District and City property. In 2013, the Park District sued the Schirados to enjoin them from fencing and allowing their horses to graze on Park District lots. The Park District was granted default judgment. In 2019, the Park District and the City sued again, alleging the Schirados violated the 2013 judgment. The suit contained claims similar to the 2013 suit, with additional claims involving the City’s streets and alleys which were not involved in the original action. The Schirados conceded they placed fencing on the properties and allowed their horses to graze, but alleged they were given permission by the City. The district court granted a preliminary injunction in favor of the City and the Park District. The court found the Schirados in contempt of court because of their violation of the 2013 judgment, and awarded attorney’s fees and costs to the City and the Park District. The North Dakota Supreme Court reversed the judgment in favor of the City, and reversed and remanded the fee award for the district court to explain its rationale for the award, including which amount is a sanction for contempt, and which portion is allocated to each plaintiff. On remand, the Schirados moved a new trial, claiming Karen Schirado possessed additional testimony and evidence “necessary to allow her to fully present her case.” The district court denied the motion for trial and concluded the Schirados had two opportunities to present evidence of an oral or written agreement to use the City property and failed to do so. The court granted the City’s motion for summary judgment, concluding the Schirados failed to present admissible evidence in resistance to the City and Park District’s motion for summary judgment. The court also granted the City and the Park District permanent injunctive relief and awarded the Park District $5,460.00 in attorney’s fees. The Schirados appeal from the amended judgment. Finding no reversible error in the amendment judgment, the North Dakota Supreme Court affirmed.
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