Addy v. Myers, 2000 ND 165 Unless otherwise agreed, owners of a limited liability company are not personally liable for the debt of the company and are liable for company debt only to the extent of their capital contribution. State ex rel. Heitkamp v. Family Life Services, Inc., 2000 ND 166 The attorney general may bring an action to dissolve a nonprofit corporation without prior certification of causes by the secretary of state. For corporate statutory violations, a court cannot reconstitute the board of a nonprofit corporation, having both secular and religious purposes, because the remedy infringes the First Amendment prohibitions against excessive government entanglement with religion, and interference with the free exercise of religion.
August 24, 2000
Dakota Northwestern Assoc. v. Burleigh Cty. Bd. of Cty. Commrs., 2000 ND 164 Taxation of property is a legislative function, and a reviewing court may not reverse a local governing body's valuation of property for tax purposes unless the decision is arbitrary, capricious, or unreasonable. Grinnell Mut. Reins. Co. v. Farm & City Ins. Co., 2000 ND 163 The statute specifying the minimum coverage required to satisfy the financial responsibility law does not prevent insurers from providing broader coverage. Permission to use a vehicle is revoked when the owner expressly forbids further use of the vehicle.
August 23, 2000
Snortland v. State ex rel. Dep't of Public Instruction, 2000 ND 162 Summary judgment on the issue of when a statute of limitations begins to run is appropriate if the evidence is such that reasonable minds could draw but one conclusion.
August 18, 2000
City of Fargo v. Egeberg, 2000 ND 159 Probable cause to arrest a driver for driving while under the influence of alcohol is established by signs of physical or mental impairment and reason to believe the driver's impairment is caused by alcohol. Estate of Sagmiller, 2000 ND 151 Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness. A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms." Interest of S.J.F., 2000 ND 158 Interpretation of a judgment is a question of law, and a judgment should be construed to give effect to each and every part of it. Once an appellate court has finally determined a legal question and remanded the cause for further proceedings, its decision becomes the law of the case and will not be differently decided on a subsequent appeal in the same case. The determination of back child support in a paternity action lies within the trial court's discretion, and its decision will be reversed on appeal only for an abuse of discretion. Interest of S.F., 2000 ND 161 Parental rights will be terminated if: 1) the child is deprived; 2) the conditions and causes of the deprivation are likely to continue; and 3) the child is suffering, or will in the future probably suffer serious physical, mental, moral, or emotional harm. In determining the likelihood of continuing deprivation, a court may consider parental cooperation with social service agencies. Krug v. Carlson, 2000 ND 157 A court may consider the child support guideline amount in determining reasonable reimbursement of past expenses to a custodial parent. Mann v. Zabolotny, 2000 ND 160 Amendment of pleadings by implication to conform to the evidence under N.D.R.Civ.P. 15(b) arises only when the evidence introduced is not relevant to any issue pleaded in the case. North Dakota Dep't of Human Services v. Brenden, 2000 ND 155 If a notice to creditors is published and mailed in compliance with N.D.C.C. 30.1-19-01, the time for original presentation of claims expires three months after the date of the first publication and mailing of notice to creditors. If no notice to creditors is either mailed or published, the time for original presentation of claims is three years after the decedent's death. A copy of a petition beginning probate proceedings and list of legatees, surviving joint tenants, and heirs at law sent to the Department of Human Services is not a notice to creditors. Peplinski v. County of Richland, 2000 ND 156 The giving of actual notice of a tax sale is jurisdictional, and any irregularity in the publication of the notice which is not an essential part of proving no notice was given is not a jurisdictional defect. An appellant who fails to provide a complete transcript of trial court proceedings assumes the consequences of that failure. State v. Gregg, 2000 ND 154 Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree." Contemporaneous with the lawful arrest of an automobile occupant, the officer may search the passenger compartment. An automobile may be searched without a warrant, based on probable cause to believe the automobile contains articles subject to seizure. An impounded vehicle may be inventoried as a routine caretaking procedure, rather than for investigation. State v. Norton, 2000 ND 153 The State's appeal from an order suppressing evidence, or suppressing a confession or admission, must be accompanied by the statutorily required statement of the prosecuting attorney. State v. Steen, 2000 ND 152 Special verdicts or interrogatories in criminal cases are disfavored. Evidence of intoxication is relevant in a negligent homicide case if it is indicative of a defendant's condition at a relevant time. The trial court, rather than the jury, has the duty of deciding for sentencing purposes whether a negligent homicide conviction is based in part on evidence of the defendant's operation of a motor vehicle while under the influence of alcohol. The trial court must prepare a written record of its findings on controverted statements in a presentence investigation report, or state its decision to not take the matter controverted into account when imposing sentence, and attach it to the presentence investigation report.