North Dakota Supreme Court
United Bank of Bismarck, a Banking Corporation, Plaintiff and Appellee v. Larry J. Young, Defendant and Appellant…
March 2, 19871987 N.D. LEXIS 257
Summary
The court affirmed the denial of Young’s motion to vacate the foreclosure sale and issue a sheriff’s deed, concluding that his theory concerning Treasury funds and FmHA’s accounting was patently frivolous and did not warrant relief under Rule 60(b). It also imposed appellate sanctions, awarding United Bank and FmHA double costs and $250 in attorney fees each because Young continued pursuing claims after the district court had explained their lack of merit. The court emphasized that open access to courts does not permit litigants to burden judicial and opposing-party resources with flagrantly groundless claims.
Holding
- Relief from foreclosure sale and sheriff’s deed. The district court did not abuse its discretion in denying Young’s Rule 60(b) motion because his theory that FmHA’s receipt and use of Treasury funds entitled him to the sheriff’s deed was patently frivolous.
- Appellate sanctions. The court awarded United Bank and FmHA double costs and $250 in attorney fees each because Young’s appeal was factually and legally devoid of merit and he continued pursuing it after being informed by the district court that his claims were frivolous.
Docket Civ. 11263
Cited authorities
- Rule 60(b)
- Rule 60(b)
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