U.S. v. Spaeth, 93-2036
| Decision Date | 30 September 1993 |
| Docket Number | No. 93-2036,93-2036 |
| Citation | 7 F.3d 1043 |
| Parties | NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well. UNITED STATES of America, Appellee, v. Roman SPAETH; Imelda Spaeth, Appellants, Stearns County, Auditor; State of Minnesota; Joan M. Noske, as Trustee for the Basic Bible Church of America, Chapter 7024, BBCA, Inc., Xemas, Inc. Defendants . Submitted: |
| Court | U.S. Court of Appeals — Eighth Circuit |
Before FAGG, BOWMAN, and LOKEN, Circuit Judges.
Roman and Imelda Spaeth appeal from the district court's 1 order granting summary judgment to the United States in an action to quiet title to certain property formerly owned by the Spaeths. We affirm.
Following the government's successful levy against certain real property for unpaid taxes due from the Spaeths, see Xemas, Inc. v. United States, 689 F. Supp. 917 (D. Minn. 1988), aff'd, 889 F.2d 1091 (8th Cir. 1989) (Table), cert. denied, 494 U.S. 1027 (1990), and successful action to eject the Spaeths from the same property, United States v. Spaeth, No. 3-90-638 (D. Minn. Mar. 18, 1991), aff'd, 985 F.2d 566 (8th Cir. 1991) (Table), cert. denied, 112 S. Ct. 1562 (1992), the government filed this quiet title action against the Spaeths, the Stearns County Auditor, State of Minnesota, Joan Noske, BBCA, Inc., and Xemas, Inc.
The government moved for summary judgment against the Spaeths, arguing that the Spaeths had no legal or equitable interest in the property and that they were collaterally estopped to contest the ownership issue. In response, the Spaeths argued that the State of Minnesota, not the government, had title to the property based on the State's lien for unpaid real estate taxes, and thus a genuine issue of material fact was present.
By stipulation, the United States, Sterns County Auditor, and State of Minnesota settled their separate interests in the property and the United States dismissed its claims against the Auditor and the State. The district court, finding that the question whether the Spaeths had any legal or equitable interest in the property was foreclosed by United States v. Spaeth, concluded that there was no genuine issue whether the Spaeths had an interest in the property and granted summary judgment against the Spaeths.
The Spaeths moved for reconsideration, challenging the stipulation and arguing that the district court did not have jurisdiction to enter judgment because the government did not have an interest in the property when it commenced the action.
The district court denied the ...
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