VND, LLC v. Leevers Foods, Inc.

SANDSTROM, Justice.

[¶ 1] VND is appealing a Southeast Judicial District Court judgment denying summary eviction of Leevers Poods, Inc., under N.D.C.C. ch. 33-06. After a hearing on the motion for eviction, the district court found there had been no material breach of the written lease by Leevers, as required by N.D.C.C. § 33-06-01(8), found Leevers was entitled to equitable relief from the termination of the lease because of its substantial investment in the leased premises, and denied summary eviction. VND argues the district court erred in allowing Leevers to present counterclaims and…