Administrative Law: Farm Ownership-Quiet Title-Jurisdiction

Where farm owners, who brought a quiet title action in North Dakota against defendants who claimed an interest in the farm, challenged the dismissal of their advocacy proceeding in which they sought a declaratory judgment that they held legal and equitable title, the state court had concurrent jurisdiction to decide the quiet title action and to interpret the Chapter 12 plan, and bankruptcy court properly concluded that it lacked subject matter jurisdiction to review the claim of ownership, and the state’s preclusion law barred relitigation of the ownership claims.

Judgment is affirmed.

Finstad v. Gord (MLW No. 74767/Case No. 19-6035 – 8 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Sanberg, J.) Appealed from U.S. Bankruptcy Court, District of North Dakota. (Bruce Alan Schoenwald, Moorhead, Minnesota, argued for appellant) (Michael Leonard Gust, Fargo, North Dakota, argued for appellee).