Conrad v. Wilkinson

Kapsner, Surrogate Judge.

[¶ 1] Kari Conrad appeals from an order dismissing without prejudice -her application for an order requiring the Ward County recorder to remove a lis pendens filed by Wilbur Wilkinson against a tract of land in Minot and, from an order denying her motion for reconsideration. We conclude Wilkinson was not authorized to file the lis pendens in an action that did not raise a claim affecting the title to real property and Conrad was entitled to have the Ward County recorder cancel the lis pendens under N.D.C.C. § 32-04-24. We reverse and remand with instructions for the…