Karsky v. Kirby
his official capacities
as Commissioner of the
North Dakota Department
of Financial Institutions,
and as Conservator of
NoDak State Trust Company, Plaintiff and Appellee
v.
Jane Dorothea Kirby, an
individual person, Defendant and Appellant
and
Dr. Thomas J. Clifford,
in his capacity as
president of NoDak State
Trust Company, Defendant
Judge Burt L. Riskedahl
| Appellant: | Kelsch, Kelsch, Ruff & Kranda | |
| Appellee: | Douglas Bruce Anderson , Att. General Office | |
| Appellee: | Scott Aaron Miller , Att. General Office |
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I. Whether or not under the Settlement Agreement the Defendant Kirby was entitled to a hearing on the Banking Board's disapproval of her application for transfer of control pursuant to Subsection 6 of 6-08-08.1 NDCC.
II. Did Defendant Kirby's consent to the Settlement Agreement constitute a voluntary waiver and is that issue, under the circumstances, a question of fact to which the Defendant was entitled to a hearing?
Appellee's Statement of the Issues:
I. Whether the district properly concluded that under the language of the Judgment Pursuant to Stipulation, Kirby agreed to waive her right to a hearing regarding the North Dakota State Banking Board's disapproval of her application to acquire control of NoDak State Trust Company.
II. Whether the North Dakota Supreme Court lacks the authority to remand the matter to the district court with directions to vacate the April 28, 2003, Judgment Pursuant to Stipulation from which no appeal was taken, and from which Kirby failed to first seek relief under N.D.R.Civ.P. 60 in the district court.
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