Dangberg Holdings Nevada, L.L.C. v. Douglas County

978 P.2d 311, 115 Nev. 129, 1999 Nev. LEXIS 29
CourtNevada Supreme Court
DecidedJune 7, 1999
Docket30556, 31068
StatusPublished
Cited by21 cases

This text of 978 P.2d 311 (Dangberg Holdings Nevada, L.L.C. v. Douglas County) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dangberg Holdings Nevada, L.L.C. v. Douglas County, 978 P.2d 311, 115 Nev. 129, 1999 Nev. LEXIS 29 (Neb. 1999).

Opinions

[132]*132OPINION

Per Curiam:

In 1977, the shareholders of a large forty-thousand-acre ranching operation in Northern Nevada sold their interest to several purchasers with the express condition that three granddaughters of the ranch’s founder be permitted to use the home ranch as a residence for the rest of their lives. Additionally, the sale agreement provided that upon the death of the last surviving granddaughter, the home ranch and its adjoining ten acres would be offered to Douglas County or alternatively to the State of Nevada for use as a historic museum and park.

The ranch was parceled out during the course of the next fifteen years and sold to various interests. In 1995, Dangberg Holdings, L.L.C. (Dangberg Holdings), purchased a 9900-acre parcel that included the ten-acre home ranch. That same year, the last surviving granddaughter died. In 1996, Douglas County filed an action against Dangberg Holdings for specific performance of the original purchase agreement. In 1997, the State of Nevada and the estate of the last surviving granddaughter (“the Glide Estate”) [133]*133each filed motions to intervene after learning of settlement negotiations between Dangberg Holdings and Douglas County.

At a hearing shortly thereafter, the district court granted the estate and the State of Nevada’s motions to intervene. Additionally, the district court issued a temporary stay to prevent Dangberg Holdings and Douglas County from consummating their settlement agreement.

Dangberg Holdings contends that the district court exceeded its jurisdiction in granting the Glide Estate and the State of Nevada’s motions to intervene, and thus it petitions this court for a writ of certiorari directing the district court to vacate its order permitting intervention. Additionally, Dangberg Holdings appeals from the district court’s issuance of a preliminary injunction preventing Douglas County and Dangberg Holdings from finalizing their settlement agreement. For the reasons set forth below, we deny Dangberg Holding’s petition for a writ of certiorari, and we affirm the order of the district court imposing a preliminary injunction to prevent Douglas County and Dangberg Holdings from consummating their settlement agreement.

FACTS

In 1977, the H.F. Dangberg Land and Livestock Company (the company) operated a large ranching operation on forty thousand company-owned acres in Northern Nevada and California. In March 1977, the nine shareholders of the company agreed to sell all of their outstanding stock to several purchasers by way of a stock purchase agreement (1977 sale agreement). Included in the group of selling shareholders were three sisters — Ruth Achard (Achard), Margaret McDonald (McDonald), and Katrina Glide (Glide) — who were also the granddaughters of the company’s founder, H.F. Dangberg, Sr.

At the time of the agreement, Achard'and McDonald resided on a small portion of the ranch property. In recognition of the sellers’ intention to condition the sale on all three sisters’ right to remain on the premises, the eighth paragraph of the agreement provided:

It is expressly understood and agreed by the parties that RUTH D. ACHARD and MARGARET D. McDONALD have for many years resided on property of DANGBERG known as the Home Ranch. Said persons are stockholders of DANGBERG and desire to continue to reside on said DANGBERG property. Accordingly, sale of the corporate stock of DANGBERG to the Purchasers is made expressly subject to their continued right to reside on DANGBERG property, and Purchasers expressly agree that they will execute or agree to [134]*134the execution of whatever legal documents may be required to insure such continued right of residence of RUTH D. ACHARD, MARGARET D. McDONALD and their sister, KATRINA D. GLIDE, as expressed in the letter dated March 8, 1977 from FRANK ImMASCHE to LOWELL C. BERNARD, a copy of which is attached hereto and made a part hereof.
In addition to the foregoing, it is expressly understood and agreed by the parties that sale of the corporate stock of DANGBERG is made expressly subject to an offer of certain Home Ranch property to the State of Nevada and/or the County of Douglas, for use as an historic ranch site, all as expressed and set forth in the letter dated March 8, 1977 from FRANK ImMASCHE to LOWELL C. BERNARD, a copy of which is attached hereto and made a part hereof.

Additionally, the twelfth paragraph of the agreement provided that “[t]he terms of the agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns.”

On March 8, 1977, shareholder Frank ImMasche drafted a letter to the purchasers apprising them of several conditions on the 1977 sale agreement. ImMasche’s letter, which was incorporated by reference into the agreement, indicated that:

In addition to the condition and requirement . . . providing for the continued right (such right to be documented by a separate agreement with the Purchasers) of Margaret D. McDonald, Ruth D. Achard and Katrina D. Glide, to use the Home Ranch as their residence for as long as they wish during the remainder of their lives, the following amendments, conditions and requirements are added:
When use of the Home Ranch and grounds by [the sisters] is terminated, the complete Home Ranch headquarters area, including the residence and all the structures used in the original ranch operations ... are to be offered for donation to the State of Nevada and/or County of Douglas for use as an historic ranch site, thereby preserving and making available facilities and equipment of historic interest in the development of American agriculture for future generations to see. . . .
The State of Nevada and/or County of Douglas shall have one (1) year from date of such offer to accept same for the purpose of becoming a part of their park program and, if not [135]*135accepted, then and in such event the Purchasers shall be under no further obligation hereunder.

After the sale was finalized, two of the principal purchasers — John Anderson and Nevis Industries, Inc. — entered into a long-term lease with the three sisters. Pursuant to the terms of the March 29, 1978, lease, Achard, McDonald, and Glide were entitled to reside in the Dangberg Home Ranch for the remainder of their lives for the nominal consideration of $1.00 per year. Significantly, the ninth paragraph of the lease provided:

HISTORICAL PARK OFFER: Upon the last surviving Lessee having died or upon the abandonment of the premises by all or by the last surviving Lessee, the Lessors do irrevocably agree to offer the “Home Ranch” . . . together with a thirty (30) foot roadway easement from Highway 88 . . . to the State of Nevada and/or Douglas County, ... for purposes of a historical park. . . . Lessors agree to make such offer and keep said offer open for a period of one (1) year from date of said offer. Thereafter, said offer and any obligation under this paragraph . . . may be withdrawn, terminated or extended at the sole and absolute discretion of Lessor.

The lease was recorded in Douglas County on March 30, 1978. In 1981, John Anderson and Nevis Industries applied for and received approval from Douglas County for a parcel map encompassing the Dangberg Home Ranch as a historical museum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State, Dep't of Health v. Dist. Ct.
Nevada Supreme Court, 2023
Rutishauser, Llc Vs. Ross, M.D.
Nevada Supreme Court, 2020
NALDER VS. DIST. CT. (UNITED AUTO. INS. CO.) C/W 78243
2020 NV 24 (Nevada Supreme Court, 2020)
Rowan (William) v. Dist. Ct. (State)
Nevada Supreme Court, 2017
Corpolo Avenue Trust v. Ahmead
Nevada Supreme Court, 2015
Department of Conservation & Natural Resources v. Foley
109 P.3d 760 (Nevada Supreme Court, 2005)
Long v. City of Hoover
844 So. 2d 1273 (Court of Civil Appeals of Alabama, 2002)
S.O.C., Inc. v. Mirage Casino-Hotel
23 P.3d 243 (Nevada Supreme Court, 2001)
Romano v. Gibson
239 F.3d 1156 (Tenth Circuit, 2001)
State ex rel. Napolitano v. Brown & Williamson Tobacco Corp.
998 P.2d 1055 (Arizona Supreme Court, 2000)
Dangberg Holdings Nevada, L.L.C. v. Douglas County
978 P.2d 311 (Nevada Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
978 P.2d 311, 115 Nev. 129, 1999 Nev. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dangberg-holdings-nevada-llc-v-douglas-county-nev-1999.