Riverwood Commercial Park, LLC v. Standard Oil Company, Inc. and Tesoro Refining and Marketing Company

Summary

The Supreme Court of North Dakota affirmed dismissal of Riverwood Commercial Park, LLC's summary eviction action against Standard Oil Company and Tesoro Refining and Marketing Company. The court held that the statutory eviction procedure under N.D.C.C. chapter 33-06 was unavailable because the parties' 1953 permit created, at most, a license or easement rather than a lease, and none of the statute's specified grounds for eviction applied. The court noted that Riverwood might pursue other remedies, such as trespass or breach of the permit.

Holdings

1. An eviction action under North Dakota Century Code chapter 33-06 is not available merely because a landowner characterizes another party as a trespasser. The plaintiff must establish that one of the eight specific factual grounds listed in section 33-06-01 applies.
2. The 1953 permit created, at most, a license or easement rather than a lease. Because the permit did not confer exclusive possession, Tesoro and Standard were not lessees, and the lease-specific eviction grounds in section 33-06-01(4), (7), and (8) did not apply.
3. Riverwood's allegations that a padlock constituted force and that Tesoro's assertion of rights under the permit constituted fraud did not establish the statutory grounds for eviction based on force, threats, or fraud.

Questions Presented

1. Whether North Dakota Century Code chapter 33-06 authorizes a summary eviction action by a landowner against parties allegedly occupying property under a permit, license, or easement rather than a lease.
2. Whether the facts alleged by Riverwood fit any of the eight statutory grounds for eviction under North Dakota Century Code section 33-06-01.

Disposition

affirmed