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WARD v. HERBEL

No. 20230140.

2024 ND 119

Lucinda Ward, Michael Ward, Adrian Ward, Michael Ward as trustee of Nichole Phillips nee Ward Trust, Elizabeth Martin nee Ward, Arthur Ward, all in their individual capacity and d/b/a Ward Farms and Daniel Phillips and Robert Wade Martin, spouses of Nichole Phillips and Elizabeth Martin, respectively, inchoate marital interests, Plaintiffs and Appellees, v. Dan and Lindsey Herbel, Defendants and Appellants.

Supreme Court of North Dakota.

Filed June 6, 2024.

Attorney(s) appearing for the Case

Robert W. Martin, Minot, ND, for plaintiffs and appellees Lucinda Ward, Michael Ward, Adrian Ward, Michael Ward as trustee of Nichole Phillips nee Ward Trust, Elizabeth Martin nee Ward, Arthur Ward, all in their individual capacity and d/b/a Ward Farms and Daniel Phillips and Robert Wade Martin, spouses of Nichole Phillips and Elizabeth Martin, respectively, inchoate marital interests; submitted on brief.

Dan L. Herbel, Bismarck, ND, for defendants and appellants; submitted on brief.

Opinion of the Court by Jensen, Chief Justice, in which Justices Crothers and Bahr joined. Justice Tufte filed an opinion concurring in part and dissenting in part, in which Justice McEvers joined.

[¶1] Dan and Lindsey Herbel appeal from a judgment of dismissal in a quiet title action initiated by the Ward family. We conclude the district court erred as a matter of law when it determined direct litigation against the Herbels was permitted under chapter 32-17, N.D.C.C. We affirm the judgment of dismissal, reverse...

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