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Robert Adell Brown v. Montana-Dakota Utilities

February 14, 2011

ROBERT ADELL BROWN,
PLAINTIFF AND APPELLANT
v.
MONTANA-DAKOTA UTILITIES, CO. AND CITY OF HALLIDAY, NORTH DAKOTA,
DEFENDANTS AND APPELLEES



Appeal from the District Court of Dunn County, Southwest Judicial District, the Honorable William A. Herauf, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme Court

Brown v. Montana-Dakota Utilities Co.,

2011 ND 38

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Opinion of the Court by Kapsner, Justice.

Brown v. Montana-Dakota Utilities Co.No. 20100220

Kapsner, Justice.

[¶1] Robert Adell Brown appealed summary judgments entered in favor of Montana-Dakota Utilities Co. ("MDU") and the city of Halliday, North Dakota ("Halliday"). Brown argues MDU and Halliday unlawfully terminated his electric, garbage, water, and sewage services. We affirm.

I

[ΒΆ2] Brown previously lived in a house in Golva, North Dakota, where he received natural gas service from MDU. Brown moved to Halliday. Brown terminated his natural gas service to the house in Golva in April 2008, but left an unpaid balance on that account. Brown began receiving electrical services from MDU to his house in Halliday. MDU subsequently transferred the unpaid natural gas balance to Brown's balance on his account for electrical services for the Halliday house. Brown failed to pay his balance with MDU, and his services were disconnected on October 15, 2008 for nonpayment. Halliday provided water, garbage, and sewage services to Brown's house in Halliday. After notice and a hearing with the city commissioners on November 18, 2008, Brown was informed he had ten days to pay an unpaid balance with Halliday. He did not, and his services were terminated on November 28, 2008. Brown brought suit against MDU and Halliday in the district court, alleging MDU and Halliday unlawfully terminated his services. MDU ...


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