Hillesland v. Federal Land Bank Ass'n of Grand Forks

407 N.W.2d 206, 2 I.E.R. Cas. (BNA) 321, 1987 N.D. LEXIS 318
CourtNorth Dakota Supreme Court
DecidedMay 28, 1987
DocketCiv. 11225
StatusPublished
Cited by40 cases

This text of 407 N.W.2d 206 (Hillesland v. Federal Land Bank Ass'n of Grand Forks) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hillesland v. Federal Land Bank Ass'n of Grand Forks, 407 N.W.2d 206, 2 I.E.R. Cas. (BNA) 321, 1987 N.D. LEXIS 318 (N.D. 1987).

Opinions

ERICKSTAD, Chief Justice.

Elmer Hillesland appeals from a district court summary judgment dismissing his action against the Federal Land Bank Association of Grand Forks [the Association] and the Federal Land Bank of St. Paul [the Bank], We affirm.

Hillesland began working at the Association in 1956. He received several promotions and in 1972 was named Chief Executive Officer. He held that position until his discharge on June 15, 1983.

Through his position with the Association Hillesland in early 1983 learned that Ray and Eva Westby, customers of the Association, were experiencing financial difficulties. He also learned that they had received an offer to purchase their farm from another Association customer. Hillesland contacted the Westbys to offer financial counseling. They responded by expressing their desire to sell the farm. Although the parties dispute whether Hillesland initiated the discussions of sale of the property, it is undisputed that these discussions eventually led to an offer to purchase the Westby farm by Hillesland’s sons, David and Don.

In accordance with standard Association procedure, Hillesland submitted details of the proposed transaction on a “Prohibited Acts Report and Action” form to the Association board of directors for approval. After meeting in a closed session with the Westbys, the board approved the transaction. Hillesland then submitted the matter to the Bank’s Review Committee in St. Paul. In its report, the Review Committee stated that it was “not in a position to disapprove” the transaction, but it did express concern over the appearance of a conflict of interest and prohibited any further direct involvement in the transaction by Hillesland. The sale of the land to Hillesland’s sons was completed shortly thereafter.

The Bank subsequently launched an investigation into the matter. On June 15, 1983, two representatives of the Bank appeared at a meeting of the Association [208]*208board of directors in Grand Forks and advised Hillesland that he was being discharged from his employment with the Association. The Bank’s rationale for Hilles-land’s termination was that he had violated written standards of conduct, had damaged the image and reputation of the Association and the Bank, and had exercised poor business judgment.

Hillesland commenced this action against the Association and the Bank alleging violation of provisions of the Farm Credit Act, breach of contract, age discrimination, and tortious interference by the Bank with Hillesland’s employment contract with the Association. The district court granted summary judgment dismissing Hillesland’s action, and he appeals.

The following issues are dispositive of the appeal:

1) Is there an implied private right of action for wrongful discharge under the Farm Credit Act?
2) Did the trial court err in dismissing Hillesland’s breach of contract claim?
3) Is there an implied covenant of good faith and fair dealing in employment contracts under North Dakota law?
4) Did the trial court err in dismissing Hillesland’s age discrimination claim?
5) Did the trial court err in dismissing Hillesland’s tortious interference with contract claim?

IMPLIED PRIVATE RIGHT OF ACTION

Hillesland contends that the trial court erred in concluding that there is no implied private right of action for wrongful discharge under the Farm Credit Act. Hilles-land contends that termination of Farm Credit System employees without cause is prohibited by 12 U.S.C. § 2227(a)(3), which provides in pertinent part:

“Appointments, promotions,' and separations so made shall be based on merit and efficiency and no political test or qualification shall be permitted or given consideration.”

The four-part test first enunciated in Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2088, 45 L.Ed.2d 26, 36 (1975), governs the determination of whether or not to imply a private right of action:

“In determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant. First, is the plaintiff ‘one of the class for whose especial benefit the statute was enacted/ ... (emphasis supplied) — that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? ... Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? ... And finally, is the cause of action one traditionally relegated to state law, in an area basically the concern of the States, so that it would be inappropriate to infer a cause of action based solely on federal law?” [Citations omitted.]

Hillesland has failed to cite a single decision holding that there is an implied private right of action under the Farm Credit Act, 12 U.S.C. §§ 2001-2259. In fact, it appears that every court which has considered the issue has held that there is no implied right of action under the Act under the Cort test. See Bowling v. Block, 785 F.2d 556, 557 (6th Cir.), cert. denied, — U.S. -, 107 S.Ct. 112, 93 L.Ed.2d 60 (1986); Smith v. Russellville Production Credit Association, 111 F.2d 1544, 1546-1548 (11th Cir. 1985); Breklce v. Volcker, 652 F.Supp. 651, 654 (D.Mont.1987); Schroder v. Volcker, 646 F.Supp. 132, 134-135 (D.Colo.1986); Creech v. Federal Land Bank of Wichita, 647 F.Supp. 1097, 1101 (D.Colo.1986); Aberdeen Production Credit Association v. Jarrett Ranches, Inc., 638 F.Supp. 534, 537 (D.S.D.1986); Farmer v. Wilkinson, No. 4-85-1448 (D.Minn.1986); Corum v. Farm Credit Services, 628 F.Supp. 707, 719-720 (D.Minn.1986); Spring Water Dairy, Inc. v. Federal Intermediate Credit Bank of St. Paul, 625 F.Supp. 713, 717-720 (D.Minn.1986); Apple v. Miami Valley Production Credit Association, 614 F.Supp. 119, 122 (S.D.Ohio 1985), aff'd on other grounds, 804 F.2d 917 (6th Cir.1986); Hartman v. Farmers Production Credit Association of Scottsburg, 628 F.Supp. 218, 222 (S.D.Ind.1983); Production [209]*209Credit Association of Worthington v. Van Iperen, 396 N.W.2d 35, 37 (Minn.Ct.App.1986); Johansen v. Production Credit Association of Marshall- Ivanhoe, 378 N.W.2d 59, 62 (Minn.Ct.App.1985). See also Federal Land Bank of Saint Paul v. Overboe, 404 N.W.2d 445, 448 (N.D.1987), and Federal Land Bank of St. Paul v. Halverson, 392 N.W.2d 77, 83 (N.D.1986) (recognizing that federal courts have “unanimously” concluded that there is no private cause of action against entities of the Farm Credit System under the Farm Credit Act and regulations).

Hillesland raises two distinctions between this case and those decisions which have refused to imply a private cause of action under the Act.

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

Related

Rodden v. Savin Hill Enterprises, LLC
33 Mass. L. Rptr. 442 (Massachusetts Superior Court, 2016)
Humann v. KEM Electric Cooperative, Inc.
450 F. Supp. 2d 1006 (D. North Dakota, 2006)
Jacob v. Nodak Mutual Insurance Company
2005 ND 56 (North Dakota Supreme Court, 2005)
Dalan v. Paracelsus Healthcare Corp. of North Dakota
2002 ND 46 (North Dakota Supreme Court, 2002)
Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc.
2001 ND 116 (North Dakota Supreme Court, 2001)
City of Midland v. O'BRYANT
18 S.W.3d 209 (Texas Supreme Court, 2000)
Thompson v. Associated Potato Growers, Inc.
2000 ND 95 (North Dakota Supreme Court, 2000)
Jose v. Norwest Bank North Dakota, N.A.
1999 ND 175 (North Dakota Supreme Court, 1999)
Phillips v. Dickinson Management, Inc.
1998 ND 123 (North Dakota Supreme Court, 1998)
Keith Birchem v. Knights of Columbus Daniel N. Wentz
116 F.3d 310 (Eighth Circuit, 1997)
Schuhmacher v. North Dakota Hospital Ass'n
528 N.W.2d 374 (North Dakota Supreme Court, 1995)
Hummel v. Mid Dakota Clinic, P.C.
526 N.W.2d 704 (North Dakota Supreme Court, 1995)
Aaland v. Lake Region Grain Cooperative, Devils Lake
511 N.W.2d 244 (North Dakota Supreme Court, 1994)
First Interstate Bank of Fargo, N.A. v. Rebarchek
511 N.W.2d 235 (North Dakota Supreme Court, 1994)
Everett v. St. Ansgar Hospital
974 F.2d 77 (Eighth Circuit, 1992)
Schmidt v. Ramsey County
488 N.W.2d 411 (North Dakota Court of Appeals, 1992)
Ressler v. Humane Society of Grand Forks
480 N.W.2d 429 (North Dakota Supreme Court, 1992)
Winters v. Houston Chronicle Publishing Co.
795 S.W.2d 723 (Texas Supreme Court, 1990)
Noye v. Hoffmann-La Roche Inc.
570 A.2d 12 (New Jersey Superior Court App Division, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
407 N.W.2d 206, 2 I.E.R. Cas. (BNA) 321, 1987 N.D. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillesland-v-federal-land-bank-assn-of-grand-forks-nd-1987.