Riemers v. Hill

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Roland Riemers twice sued Heidee Hill, her husband, Jason Hill, and her three children, Hannah Hill, Ashley Roesler, and Hailey Marie Hill, for unpaid rent, late fees, property damage, and punitive damages arising out of a lease agreement signed by Heidee Hill for a house in Emerado. Only Heidee Hill signed the lease agreement, but Heidee and Jason Hill were both identified as applicants on the agreement and the three children were listed as "others who will be sharing the house." The Hill family moved to dismiss Riemers' complaint for failure to state a claim and sought attorney fees. They asserted the property was uninhabitable and had been condemned by the Grand Forks Public Health Department in July 2013. They also counterclaimed for abuse of process, alleging Riemers' claims for unpaid rent and property damage were "so outrageous and ridiculous" to rise to the level of abuse of process. They claimed that despite the property being condemned in July 2013, Riemers sued them for structural damage to the house that was clearly Riemers' responsibility and Riemers had an ulterior motive to harass and embarrass them with a lawsuit void of any factual or legal basis. Riemers appealed the judgment awarding him $8,245.87 from Heidee Hill for unpaid rent and property damage and ordering him to pay Ashley Roesler $10,164 for abuse of process. After review, the Supreme Court concluded the district court erred in granting summary judgment on the liability issue of the abuse-of-process claim. Accordingly, the Court affirmed in part and reversed the summary judgment on that claim and remanded for further proceedings. View "Riemers v. Hill" on Justia Law