Johnston Land Company, LLC v. Sorenson

Johnston Land Company, LLC, appeals from an order denying its petition to invalidate an alleged lien filed by attorney Sara Sorenson in the form of an affidavit regarding property in Grand Forks County, North Dakota. A dispute over excessive attorney fees led to this case. John Widdel, Jr., represented the trustees of the Donald G. Amundson Trust. In 2013 beneficiaries of the estate petitioned for court determination of attorney fees. The district court ordered Widdell to refund $95,000.00 in attorney fees. During litigation over the fees, Widdel's family's limited liability partnership, Bell Fire LLP, transferred property to a revocable living trust in the name of his wife. In a deposition related to the debt Widdel testified he had essentially no assets, lived rent-free in an apartment owned by the Widdel trust, and drove a car owned by his wife. The Widdel trust sought to sell the property at issue to Johnston, which had offices on the property. Beneficiaries of the Amundson trust filed suit in 2017 regarding other allegedly fraudulent transfers by Widdel to avoid paying the judgment. Ohnstad Twichell, P.C., and Sorenson represented the beneficiaries of Amundson's estate. The district court concluded Sorenson's affidavit was not a nonconsensual common-law lien under N.D.C.C. 35-01-02 because it "does not claim an interest in the subject property; it is merely a statement to the world, akin to a lis pendens, that the referenced property may be pursued to satisfy the Judgment." The district court did not rule on Johnston's additional issues, writing, "In the instant action, this Court has only been asked to make a determination whether the Affidavit of Sara K. Sorenson is a nonconsensual common-law lien, which it has done." The North Dakota Supreme Court affirmed as to the affidavit's nature, reversed as to remaining issues and remanded for additional proceedings. View "Johnston Land Company, LLC v. Sorenson" on Justia Law