from the District Court of Ward County, North Central
Judicial District, the Honorable Gary H. Lee, Judge.
C. Pulkrabek, Mandan, ND, for plaintiff and appellant.
Slorby, ND, for defendant and appellee.
Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale
V. Sandstrom, Gerald W. VandeWalle, C.J.
Ronning Kapsner, Justice.
[¶1] The Next Step appeals from a judgment
entered after the district court dismissed its quiet title
action. We affirm, concluding unincorporated associations are
incapable of holding title to real property.
[¶2] The Next Step, an unincorporated
association, and Jamie Redmon, an individual, both claim
title to residential real property located in Minot. Both
parties claim ownership through different quitclaim deeds
they allege were executed by the prior owner of the property.
The relevant conveyances follow:
Quitclaim deed by Orlin Swensrud to Holly Gates. Recorded in
Quitclaim deed by Holly Gates to Daniel Foster. Recorded in
Quitclaim deed by Daniel Foster to The Next Step. Dated 2009.
Recorded in 2014.
Quitclaim deed by Daniel Foster to Jamie Redmon. Dated and
recorded in 2013.
alleged the quitclaim deed to The Next Step was forged. Holly
Gates, a co-founder of The Next Step, asserted it was not.
The Next Step moved for summary judgment, and Redmon filed a
response. The district court did not immediately rule on the
motion; it instructed the parties to provide supplemental
briefing on the issue of whether unincorporated associations
are capable of holding title to real property in North
Dakota. After the parties provided their supplemental briefs,
the court entered an order dismissing the ...