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Estate of Glasoe v. Williams Cnty., North Dakota

Supreme Court of North Dakota

January 19, 2016

Estate of Darwin A. Glasoe, LeAnne Glasoe, and Kris Glasoe, Plaintiffs and Appellants
v.
Williams County, N.D.; Bradley Parker and Brenda Parker, Husband and Wife, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon the property described in the complaint, Defendants Williams County, N.D., Appellee

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Robin Ann Schmidt, Judge.

Kevin J. Chapman, Williston, N.D., for plaintiffs and appellants.

Adam M. Olschlager, Special Assistant State's Attorney, for appellee.

Dale V. Sandstrom, Carol Ronning Kapsner, Lisa Fair McEvers, William A. Neumann, S.J., Gerald W. VandeWalle, C.J. Opinion of the Court by Sandstrom, Justice.

OPINION

Page 312

Sandstrom, Justice.

[¶1] The Estate of Darwin Glasoe, LeAnne Glasoe, and Kris Glasoe (collectively " Glasoes" ) appeal from a judgment dismissing their action to recover and quiet title to property located in Williston. Because the Glasoes have failed to establish any jurisdictional defects in the tax lien foreclosure proceedings and LeAnne Glasoe's attempt to repurchase the property was too late, we affirm.

I

[¶2] Darwin Glasoe was the record title holder to a home in Williston when he died in 2003. His widow was appointed the personal representative of the estate, but she died shortly thereafter. No action was taken to further estate administration until a successor personal representative was appointed in December 2013. LeAnne

Page 313

Glasoe and Kris Glasoe are Darwin Glasoe's surviving children, and LeAnne Glasoe lived in the home during all pertinent times. The Williams County Auditor continued to mail its annual tax statements to the record title holder, Darwin Glasoe, after his death. Although real estate taxes were paid on the property through 2009, no taxes were paid on the property from 2010 through 2013. The County placed a tax lien on the property for delinquent taxes in May 2013. A tax deed issued to the County dated October 2, 2013, was filed on October 7, 2013. The County sold the property at public auction to Bradley and Brenda Parker on November 19, 2013. On November 21, 2013, LeAnne Glasoe attempted to repurchase the property, but the County would not allow her to do so. The County issued the Parkers a deed to the property dated November 19, 2013, and the deed was filed on December 4, 2013.

[¶3] The Glasoes brought this action against the County and the Parkers to recover and quiet title to the property, claiming the tax deed was invalid because the County failed to strictly comply with the proper statutory procedures. The Glasoes also claimed LeAnne Glasoe should have been allowed to repurchase the property. Following a trial, the district court rejected the Glasoes' arguments and dismissed the lawsuit.

[¶4] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. The Glasoes' appeal was timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. art. VI, ...


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