A district judge erred in dismissing a man's claim his membership to the Grand Forks Curling Club was improperly terminated.
In a ruling released today, the North Dakota Supreme Court said membership requirements under state law do not apply to a member's individual action against a nonprofit corporation.
Justices reversed a Grand Forks District Court decision against C.T. Marhula and remanded the case for findings of merit of his claim against the club.
In 2012, the Grand Forks Curling Club expelled Marhula, who filed a lawsuit the following year and claimed his membership had been improperly terminated following disagreements he had with the club's board over where to rebuild and relocate the its building, according to court documents.
The club asserted Marhula, who joined the club in the mid-1990s, didn't meet statutory requirements to properly challenge the termination.
ADVERTISEMENT
District Court Judge Jon Jensen sided with the club, prompting an appeal by Marhula to the Supreme Court, which heard arguments in March.
During oral arguments, Marhula's attorney, David Thompson, said Marhula did not receive a "fair and reasonable" procedure for termination, which includes giving prior written notice of his expulsion.
The club's attorney, Theodore Sandberg, argued the club followed its bylaws and did give a fair and reasonable procedure to the best of its ability, and that Marhula didn't follow the proper guidelines for appealing termination.
