September 25, 2012
THE STATE OF NORTH DAKOTA, DOING BUSINESS AS THE BANK OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
ROBERT A. BROWN, MDU RESOURCES GROUP, INC., D/B/A MONTANA-DAKOTA UTILITIES, AND CITY OF HALLIDAY,
DEFENDANTS ROBERT A. BROWN,
Appeal from the District Court of Dunn County, Southwest Judicial District, the Honorable Zane Anderson, Judge.
N.D. Supreme CourtBank of North Dakota v. Brown,
2012 ND 196
This opinion is subject to petition for rehearing. [Go to Documents]
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[¶1] Robert Brown appeals from a judgment granting the State, doing business as the Bank of North Dakota, foreclosure of its mortgage on property Brown owned. Brown argues the district court erred by failing to require the Bank to produce the original mortgage documents and in granting summary judgment because the Bank engaged in misconduct by breaking into his house and changing the locks. We conclude the court did not abuse its discretion in admitting copies of the mortgage documents and Brown failed to produce competent, admissible evidence showing a genuine issue of material fact. We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(4), (6) and (7). See Dakota Bank & Trust Co. of Bismarck v. Reed, 402 N.W.2d 887, 889 (N.D. 1987) (under N.D.R.Ev. 1003 copies of documents are admissible to the same extent as the originals unless a genuine question is raised about authenticity).
[¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Dale V. Sandstrom Carol Ronning Kapsner Mary Muehlen Maring
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