MINTO GRAIN, LLC v. TIBERT

No. 20030297.

681 N.W.2d 70 (2004)

2004 ND 107

MINTO GRAIN, LLC, a North Dakota Limited Liability Company, Plaintiff and Appellee v. Melvin TIBERT and Cathy Tibert, Defendants and Appellants.

Supreme Court of North Dakota.

June 3, 2004.


Attorney(s) appearing for the Case

Zenas Baer, Zenas Baer & Associates, Hawley, MN, for plaintiff and appellee.

David C. Thompson, David C. Thompson, P.C., Grand Forks, ND, for defendants and appellants.


MARING, Justice.

[¶ 1] Melvin and Cathy Tibert appealed from an order granting Minto Grain's request for summary eviction of the Tiberts from possession of real property located in Minto. We conclude the Tiberts did not demonstrate they were entitled to possession of the disputed property, and the district court did not err in ordering them permanently evicted. We affirm.

I

[¶ 2] Minto Grain operates an elevator on former right-of-way property...

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