SAGEBRUSH RESOURCES, LLC v. PETERSON

No. 20130080.

841 N.W.2d 705 (2014)

2014 ND 3

SAGEBRUSH RESOURCES, LLC, Plaintiff and Appellant v. Daryl PETERSON, Larry Peterson, and Galen Peterson, Defendants and Appellees.

Supreme Court of North Dakota.

January 14, 2014.


Attorney(s) appearing for the Case

Michael D. Schoepf (argued), Lawrence Bender (on brief), and Amy L. De Kok (on brief), Bismarck, N.D., for plaintiff and appellant.

Derrick L. Braaten (argued) and Lindsey R. Nieuwsma (appeared), Bismarck, N.D., for defendants and appellees.


KAPSNER, Justice.

[¶ 1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush's claims were frivolous and not made in good faith and in awarding...

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