CITY OF FARGO v. D.T.L. PROPERTIES, INC.

Civil No. 960272.

564 N.W.2d 274 (1997)

1997 ND 109

CITY OF FARGO, North Dakota, a Municipal Corporation, Plaintiff and Appellee, v. D.T.L. PROPERTIES, INC., Defendant and Appellant.

Supreme Court of North Dakota.

June 3, 1997.


Attorney(s) appearing for the Case

Thomas P. Martin (argued) and Garylle B. Stewart (appearance), of Solberg, Stewart, Miller & Johnson, Fargo, for plaintiff and appellee.

Jeff A. Bredahl (argued) and Tracy A. Gompf (appearance), of Bredahl Hill, P.C., Fargo, for defendant and appellant.


MARING, Justice.

[¶ 1] D.T.L. Properties, Inc. appealed from a judgment reforming a quit claim deed from the City of Fargo. We hold Fargo's reformation action was not barred by the ten-year statute of limitations in N.D.C.C. § 28-01-15(2). We also hold the trial court's finding of a mistake in the execution of the quit claim deed was not clearly erroneous. We affirm.

[¶ 2] The issues raised in this appeal involve a dispute between Fargo and...

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