Lang v. State

• Decision Date: 17 January 2001
• Docket Number: No. 20000223CA.,20000223CA.
• Citation: 622 N.W.2d 238
• Parties: Ernest LANG, Plaintiff and Appellant, v. STATE of North Dakota; Gary Preszler, State Banking Commissioner; Governor Edward Schafer; District Judge Benny Graff; District Judge Burt Riskedahl; Supreme Court Judges, Gerald W. VandeWalle, Mary Muehlen Maring, Carol Ronning Kapsner, Dale V. Sandstrom, Defendants and Appellees.
• Court: North Dakota Court of Appeals

622 N.W.2d 238

Ernest LANG, Plaintiff and Appellant,
v.
STATE of North Dakota; Gary Preszler, State Banking Commissioner; Governor Edward Schafer; District Judge Benny Graff; District Judge Burt Riskedahl; Supreme Court Judges, Gerald W. VandeWalle, Mary Muehlen Maring, Carol Ronning Kapsner, Dale V. Sandstrom, Defendants and Appellees

No. 20000223CA.

Court of Appeals of North Dakota.

January 17, 2001.

Ernest Lang, McKenzie, ND, pro se.

622 N.W.2d 239

Douglas Alan Bahr, Assistant Attorney General, Bismarck, ND, for defendants and appellees

PER CURIAM.

[¶ 1] Ernest Lang has appealed a judgment entered in district court on May 30, 2000, "including but not limited to all preliminary orders, notices, judgments, and determinations previously and subsequently made," in his action against the State of North Dakota; Gary Preszler, State Banking Commissioner; Governor Edward Schafer; District Judge Benny Graff; District Judge Burt Riskedahl; Chief Justice Gerald W. VandeWalle; Justice Mary Muehlen Maring; Justice Carol Ronning Kapsner; and Justice Dale V. Sandstrom. We affirm.

[¶ 2] This appeal is an outgrowth of Lang's default on a note and the foreclosure of a mortgage. See Lang v. Schafer, 2000 ND 2, 603 N.W.2d 904; Lang v. Bank of North Dakota, 530 N.W.2d 352 (N.D. 1995); Lang v. Binstock, Docket No. Civ. 900334, unpublished slip op., 1991 WL 574979 (N.D., Feb. 21, 1991); Lang v. Barrios, Docket No. Civ. 930196, unpublished slip op., 1993 WL 477934 (N.D., Nov. 10, 1993); Lang v. Burleigh County Sheriff's Dep't, 496 N.W.2d 24 (N.D.1993); Lang v. Binstock, 478 N.W.2d 13 (N.D.1991); Lang v. Barrios, 472 N.W.2d 464 (N.D.1991); Lang v. Bank of North Dakota, 453 N.W.2d 118 (N.D.1990); Lang v. Bank of Steele, Docket No. Civ. 890141, unpublished slip op., 1989 WL 158205 (N.D., Nov. 20, 1989); Lang v. Molbert, 442 N.W.2d 447 (N.D.1989); Bank of Steele v. Lang, 441 N.W.2d 648 (N.D.1989); Bank of Steele v. Lang, 423 N.W.2d 504 (N.D. 1988); Lang v. Bank of North Dakota, 423 N.W.2d 501 (N.D.1988); Lang v. Bank of Steele, 415 N.W.2d 787 (N.D.1987); Lang v. Sheriff of Burleigh County, 408 N.W.2d 742 (N.D.1987); Bank of Steele v. Lang, 399 N.W.2d 293 (N.D.1987); Lang v. Bank of North Dakota, 377 N.W.2d 575 (N.D. 1985); and Lang v. Glaser, 359 N.W.2d 884 (N.D.1985). See also Lang v. Binstock, 2001 ND App 1, 622 N.W.2d 241.¹

[¶ 3] By complaint of March 27, 2000, Lang brought this action against the State and the named officials. Lang generally alleged:

That a conspiracy of silent neglect exists because the foregoing above named personnel of the state of North Dakota have ignored their legal obligation by choosing not to act on the evidence of fraud that was proffered to them.

In his first three causes of action, Lang alleged the State, Commissioner Preszler, and Governor Schafer, respectively, engaged in a "conspiracy of silent neglect in the cover-up of fraud that the Bank of Steele has committed." In his fourth cause of action, Lang alleged Judge Graff became "a party to the conspiracy of silent neglect" by dismissing a motion and canceling a hearing. In his fifth cause of action, Lang alleged Judge Riskedahl "became a party in the conspiracy of silent neglect" by failing to act on a motion. In a sixth cause of action, Lang alleged Chief Justice VandeWalle, Justice Maring, Justice Kapsner, and Justice Sandstrom issued an order denying a petition for a writ of mandamus ...