S-17-0713, Kenneth and Laurie Wrage Priesner (Appellants) v. Jim Starry and Bayview Townhouses
District Court of Keith County, Hon Donald Rowlands
Attorneys: Jeffrey Armour (Appellants) – Gary Burke
Civil: Receivership
Proceedings below: public sale, confirmation, distribution towards fees and expenses. Receiver’s final report and distribution of remaining proceeds still pending.
Issues: This district court erred in 1) ratifying and confirming in all respects the sale of the subject property by the Receiver, conducted on May 22, 2017, and by further authorizing the
Receiver issue a deed to the successful purchaser, 2) its finding, and stated basis in support thereof, that there was active bidding at the Receiver sale, 3) its finding, and stated basis in support thereof, that a subsequent sale would not generate a greater amount, 4) ordering that the bill to ASAP Construction (shown on Exhibit 219 in the amount of $11,105.17), and the Receiver’s fees and expenses (shown on Exhibit 220A which has been amended to reflect 24.63% to Appellants and 1.48% on Unit U-3, and 24.63% to each of Appellee’s (3) units shall be paid by the Receiver, 5) ordering that “all other claims by either party or the
Association against any party to this action are released, and will be filed in a separate proceeding”, and 6) ordering that its own order shall be interlocutory in nature and will not be subject to appeal by either party.