Real Property

Burlington Northern v. Fail , 2008 ND 114,
The area of land covered by the easement, servitude, or nonappurtenant restriction on the use of real property shall be properly described and shall set out the area of land covered by the interest in real property.
A reservation must be clearly expressed in a deed and described with enough certainty so it can be identified as to its location.
Bateman v. City of Grand Forks , 2008 ND 72, 747 N.W.2d 117
A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.
Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid.
A special assessment against any property must not exceed the benefit the property receives from the improvement.
A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.
Wenzel Estate v. Wenzel , 2008 ND 68, 747 N.W.2d 103
A trial court's findings in a partition action will not be reversed on appeal unless they are clearly erroneous.
A trial court's equitable powers in partition actions do not include the power to order one party to buy out the other party's share of jointly owned property.
McGhee v. Mergenthal , 2007 ND 120, 735 N.W.2d 867
An implied trust is created by operation of law and is of two types: constructive trusts and resulting trusts.
An implied trust must be established by clear and convincing evidence.
A resulting trust stems from acts or expressions of the parties indicating an intent that a trust relation result from their transaction.
The two essential elements of a constructive trust are unjust enrichment and a confidential relationship.
Deacon's Development v. Lamb , 2007 ND 56, 734 N.W.2d 342
A district court order awarding costs and attorney fees is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Riverwood Commercial Park v. Standard Oil Company , 2007 ND 36, 729 N.W.2d 101
The law of the case doctrine applies only in the immediate case, and does not apply to bar claims or issues in a subsequent, separate action.
Res judicata claim preclusion applies to whole claims, whether litigated or not, whereas collateral estoppel issue preclusion applies to particular issues that have been actually contested and litigated in a prior action.
Res judicata claim preclusion does not bar claims that could not have been brought in the prior action.
Collateral estoppel issue preclusion applies only if determination of the issue in the prior action was necessary and essential to support the judgment.
A finding of fact that is not ruled upon on appeal because it was not necessary for the appellate court's decision is not conclusive between the parties in a subsequent action.
Dismissal of an action for failure to join an indispensable party under N.D.R.Civ.P. 19 is not an adjudication on the merits and cannot be granted with prejudice.
Hanson v. Boeder , 2007 ND 20, 727 N.W.2d 280
A breaching party cannot retract an anticipatory repudiation after an injured party sues for enforcement or damages, and an injured party is not required to accept the retraction to mitigate damages.
Issues not raised in the district court will not be considered on appeal.
Silbernagel v. Silbernagel , 2006 ND 235, 725 N.W.2d 588
Summary judgment in a quiet title action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).
Hild v. Johnson , 2006 ND 217, 723 N.W.2d 389
An undivided mineral interest conveyed or reserved in a deed may be expressed as a percentage, as a fraction, or as a specified number of mineral acres.
A grantee of a specified number of mineral acres in a described tract of land acquires that number of acres, and does not gain or lose if the tract contains more or less acreage than contemplated by the parties.
A grantee of an undivided mineral interest expressed as a percentage or fraction acquires that quantum in the entire described tract of land, and may gain or lose if the tract contains more or less acreage than contemplated by the parties.
When there is a discrepancy in a deed between the specific description of the property conveyed and an expression of the quantity conveyed, the specific description is controlling.
Quantity is the least certain of all elements of description in a deed, and all other elements of description must be ambiguous and uncertain before a recital of quantity will be considered.
Livinggood v. Balsdon , 2006 ND 215, 722 N.W.2d 716
On remand, a district court may, unless otherwise specified, make its decision on the basis of the evidence already before it or may take additional evidence. The decision on taking additional evidence will be reversed only if the district court abuses its discretion.
Forcible ejectment or exclusion from real property is a conclusion of law fully reviewable on appeal.
Forcible ejectment from real property does not require the actual application of physical force; rather, it is enough if it is present and threatened, and is justly to be feared. This standard requires only that the plaintiff had reason to believe that he would be put out by the application of physical force if he did not obey.
The appropriate standard of review in an appeal challenging a district court's award of damages in a bench trial is whether the district court's findings of fact on damages are clearly erroneous.
A district court must award treble damages if it concludes that one person forcibly ejected or excluded another from real property.
Strand v. Cass County , 2006 ND 190, 721 N.W.2d 374
Jury instructions are reviewed to determine whether, as a whole, they fairly and adequately advised the jury of the applicable law.
A local government body may only be held liable for constitutional violations which result from a policy or custom of the government body.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.
Tibert v. City of Minto , 2006 ND 189, 720 N.W.2d 921
A decision of a local governing body will be affirmed on appeal unless the local governing body acted arbitrarily, capriciously, or unreasonably, or there is not substantial evidence to support the decision.
Deacon's Development v. Lamb , 2006 ND 172, 719 N.W.2d 379
Attorney fees may be recovered if a court finds a party made a frivolous "claim for relief."
A court does not have authority to award attorney fees based on a position a party took prior to litigation.
Dahl v. Messmer , 2006 ND 166, 719 N.W.2d 341
On appeal, the substantive evidentiary standard of proof is considered when reviewing a motion for summary judgment.
Fraud is never presumed, but must be proved by evidence that is clear and convincing.
A party seeking to reform a contract must prove, by clear and convincing evidence, that the written agreement does not fully or truly state the agreement the parties intended to make.
General expressions of opinion by a seller, commending of the thing he is selling, are not actionable even though not entirely true.
Generally, statements of value and predictions of future earnings or profits fall within the class of statements whose truth or falsity cannot be precisely determined and which are not, therefore, actionable as misrepresentations of fact.
City of Grand Forks v. Hendon/DDRC/BP , 2006 ND 116, 715 N.W.2d 145
The amount of damages in a condemnation action will be upheld on appeal if it is within the range of the evidence presented to the trier of fact.
Knutson v. City of Fargo , 2006 ND 97, 714 N.W.2d 44
Under the North Dakota Constitution, inverse condemnation requires a public entity's taking or damaging an owner's property by some deliberate act, whether done intentionally, negligently, or innocently.
For intentional trespass, the plaintiff must establish the defendant intentionally entered the land of another, or caused a thing or third person to do so, without the consent of the landowner.
Public entities are not liable in negligence for discretionary functions or duties.
To decide whether a governmental act is protected by discretionary immunity, the court must examine whether the action is a matter of choice for the acting employee and whether that judgment or choice is of the kind that discretionary immunity was designed to shield.
Fischer v. Berger , 2006 ND 48, 710 N.W.2d 886
A use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20-year period of prescription.
The doctrine of acquiescence does not apply to a claim for an easement by prescription for a road across another's property.
Livinggood v. Balsdon , 2006 ND 11, 709 N.W.2d 723
Damages for breach of a farm lease beyond one year are not speculative and uncertain as a matter of law but may be speculative and uncertain as a matter of fact.
The party seeking specific performance has the burden of proving the party is entitled to it and the standard for proving entitlement to specific performance is higher than the standard for proving entitlement to money damages.
Damages must be proved.
McMechan v. Engstrom , 2005 ND 208, 709 N.W.2d 21
Summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).
Wild Rice River Estates v. City of Fargo , 2005 ND 193, 705 N.W.2d 850
Whether there has been a taking of private property for public use is a question of law which is fully reviewable on appeal, but a trial court's findings of fact on a takings claim will not be set aside unless they are clearly erroneous.
A temporary deprivation of all economically viable use of property does not necessarily constitute a taking of property requiring compensation.
An extraordinary delay in governmental decisionmaking coupled with bad faith on the part of the governmental body may result in a compensable taking of property.
Ruud v. Frandson , 2005 ND 174, 704 N.W.2d 852
A trial court's resolution of an ambiguity in a will is a finding of fact that will not be set aside unless it is clearly erroneous.
A competent testator may dispose of property as the testator wishes without regard to the desires of beneficiaries, juries, or courts as long as the terms of the will are not prohibited by law or opposed to public policy.
An estate may be granted on a condition, upon the performance or breach of which the estate shall commence, be enlarged, or be defeated.
When there is a testamentary gift upon a condition that is accepted by the beneficiary, the beneficiary must perform the condition, however burdensome.
Under N.D.R.Civ.P. 15(b), a pleading may be impliedly amended by the introduction of evidence which varies the theory of the case and which is not objected to on the grounds it is not within the issues in the pleadings.
Amendment of the pleadings by implication under N.D.R.Civ.P. 15(b) arises only when the evidence introduced is not relevant to any issue pleaded in the case.
Seehafer v. Seehafer , 2005 ND 175, 704 N.W.2d 841
A probate homestead may not be claimed in land when the claimant held no interest and her deceased husband held only a joint tenancy.
Heart River Partners v. Goetzfried , 2005 ND 149, 703 N.W.2d 330
Parol evidence is admissible in an action to reform a written deed when, through fraud or mutual mistake of the parties, or a mistake by one party which the other at the time knew or suspected, the deed does not truly express the parties' intention.
Anderson v. Selby , 2005 ND 126, 700 N.W.2d 696
Parol evidence is admissible in an action to reform a deed when, through a mistake by one party which the other at the time knew of or suspected, the deed does not truly express the parties' intent.
A grantee may not recover attorney fees from a grantor in an action by the grantor to reform a warranty deed.
Riverwood Commercial Park v. Standard Oil Co., Inc. , 2005 ND 118, 698 N.W.2d 478
The purpose of the summary eviction statute is to provide an inexpensive, expeditious, and simple means to determine possession of property.
The major distinction between a lease and an easement or license is that a lease confers exclusive use and possession of the property against the world, including the landowner, whereas an easement or license merely grants a right or permission to nonexclusive use of the land for a specific, limited purpose.
Martin v. Berg , 2005 ND 108, 697 N.W.2d 723
On appeal from a summary judgment, the Supreme Court decides whether the information available to the trial court precluded the existence of a genuine issue of material fact and entitled the moving party to summary judgment as a matter of law.
Where the language of a will is clear and unambiguous, the testator's intent must be determined from the language of the will.
City of Horace v. City of Fargo , 2005 ND 61, 694 N.W.2d 1
Annexation statutes are construed liberally to encourage the natural and well-ordered development of municipalities.
A resolution and annexation plat, with a subsequent notation to a judgment that invalidated part of the annexation and was consistent with the parties' mediation agreement, constituted an accurate map for the part of the annexation that had not been invalidated.
Tibert v. Slominski , 2005 ND 34, 692 N.W.2d 133
The agricultural nuisance shield of N.D.C.C. 42-04-02 extends to all corporations and limited liability companies that meet the requirements of N.D.C.C. 42-04-01 regardless of whether they meet the more limited requirements of the corporate farming law.
A claim for trespass cannot stand unless the evidence demonstrates an actual interference with the property of another.
Charles McCauley Partnership v. Tyrone Township , 2004 ND 214, 689 N.W.2d 410
Summary judgment is inappropriate where "battling affidavits," wrought with concerns over witness credibility, are presented regarding whether a township road is vacant due to a statutorily prescribed period of non-use.
Schmidt v. Wittinger , 2004 ND 189, 687 N.W.2d 479
A trial court can order a partition of real property if a partition in kind cannot be made without great prejudice to the owners.
For the partition in kind of real property, great prejudice exists when the value of the share of each in case of a partition would be materially less than the share of the money equivalent that each could probably obtain from the whole.
A joint tenant must account to cotenants for receiving more than a proportionate share of the rents and profits.
A cotenant's failure to participate in the federal conservation reserve program is not a legal breach entitling the joint tenants to compensatory damages.
Tibert v. Minto Grain , 2004 ND 133, 682 N.W.2d 294
A trial court's decision granting judgment on the pleadings is reviewed de novo.
The purpose of liberal pleading requirements is to apprise the defendant of the nature of the plaintiff's claim.
Moen v. Thomas , 2004 ND 132, 682 N.W.2d 738
Although the existence of an attorney-client relationship turns largely on the client's subjective belief it exists, the client's subjective belief must also be objectively reasonable.
A party must specifically request that questions on a special verdict form be submitted to the jury, and vague references to requested instructions or special verdict forms are insufficient to preserve the issue for appeal.
A trial court does not abuse its discretion by refusing to include a requested question in a special verdict form when a party has not presented sufficient evidence to support it.
Frontier Enterprises v. DW Enterprises , 2004 ND 131, 682 N.W.2d 746
A partial summary judgment that fails to adjudicate all claims against all parties is interlocutory and not appealable.
Minto Grain v. Tibert , 2004 ND 107, 681 N.W.2d 70
The right to the possession of disputed real estate is the only fact that can be rightfully litigated in a summary eviction action unless damages or rent is claimed.
Adverse possession and acquiescence may be asserted as a defense or counterclaim in a summary eviction action.
Tibert v. City of Minto , 2004 ND 97, 679 N.W.2d 440
A district court's legal conclusion of mootness is reviewed de novo.
A common-law dedication must be proven by clear and convincing evidence. The party attempting to establish the existence of the common-law dedication must show there was an intention to dedicate and a public acceptance of the dedication.
Whether a common-law dedication occurred is a question of fact which will not be disturbed on appeal unless clearly erroneous.
Swensrud v. Gates , 2004 ND 33, 676 N.W.2d 813
Distribution of property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
First Union National Bank v. RPB 2, LLC , 2004 ND 29, 674 N.W.2d 1
Consideration is not required for the release or waiver of a mechanic's lien to be effective.
Once a lien claimant files a signed waiver or release of a mechanic's lien, the lien may not be revived by the subsequent filing of another lien.
Fraud in procuring release of a mechanic's lien must be proved by clear and convincing evidence.
Crane Johnson Lumber Co. v. City of Fargo , 2003 ND 181, 671 N.W.2d 814
Property lying outside the limits of a special improvement district created by a municipality's governing body is not subject to assessment by the special assessment commission.
Valley Honey Co. v. Graves , 2003 ND 125, 666 N.W.2d 453
If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition.
On a motion to amend judgment for additional costs, a party must provide the court with sufficient grounds for why it failed to bring the cost in its original affidavit of costs.
Syversen v. Hess , 2003 ND 118, 665 N.W.2d 23
When mistake is alleged, an unambiguous written deed can be altered by parol evidence.
A trial court decision will not be set aside merely because the court applied an incorrect reason, if the result is the same under the correct law and reasoning.
Dennison v. ND Dept. of Human Services , 2003 ND 10, 656 N.W.2d 25
The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) runs against the recipient of benefits and not against the land, and the State's claim against the recipient's estate may be extinguished if not pursued in a timely manner.
Johnson Farms v. McEnroe , 2002 ND 122, 656 N.W.2d 1
A finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court is left with a definite and firm conviction a mistake has been made.
Higgins v. Trauger , 2003 ND 3, 656 N.W.2d 9
Collusion does not require fraudulent conduct.
Whether collusion has occurred is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.
Comstock Construction, Inc. v. Sheyenne Disposal, Inc. , 2002 ND 141, 651 N.W.2d 656
A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard.
N.D.R.Civ.P. 6(e), which authorizes the addition of three days whenever a party has a set period to do an act after service of notice or other paper by mail, applies to the time for commencing and filing an action after a written demand is served on a lienholder.
U.S. Bank v. Koenig , 2002 ND 137, 650 N.W.2d 820
Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor.
Repugnant words in a deed must be reconciled by interpreting the deed in a manner that gives effect to the repugnant clause subordinate to the general intent and purpose of the deed.
Matrix v. TAG Investments , 2002 ND 119, 651 N.W.2d 692
An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs.
Nowling v. BNSF Railway , 2002 ND 104, 646 N.W.2d 719
Under N.D. Const. art. XII, sec. 13, the right of way for an operating railroad line is a public highway that is not subject to adverse possession or acquiescence.
Kaffar v. Dschaak , 2002 ND 92, 647 N.W.2d 706
Judgment quieting title to a parcel of property and denying claim of acquiescence to a new boundary line is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Cass Co. Joint Water Resource District v. 1.43 Acres of Land , 2002 ND 83, 643 N.W.2d 685
A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land.
Tribal sovereign immunity does not bar a condemnation action in state court involving land which is owned in fee by the tribe and which is not reservation land, allotted land, aboriginal land, or trust land.
Once the federal government removes restraints on alienation of Indian land by granting a fee patent to a private party, the land does not become inalienable again under the Federal Nonintercourse Act, 25 U.S.C. 177, when it is purchased in fee by an Indian tribe.
Anderson v. Heinze , 2002 ND 60, 643 N.W.2d 24
No counterclaim can be interposed in an eviction action, except as a setoff to a demand for damages or for rents and profits.
In an eviction action, the defendant may show the character of the possessory rights claimed by the parties, but the right to possession of the real estate is the only fact that can be litigated unless either damages or rent is claimed.
Gruebele v. Geringer , 2002 ND 38, 640 N.W.2d 454
A claimant's action to quiet title based on adverse possession will fail when the claimant is unable to prove hostile, exclusive, and continuous possession for the statutorily required time.
Dennison v. N.D. Dept. of Human Serv. , 2002 ND 39, 640 N.W.2d 447
The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) affects the right or interest of the State in land in North Dakota under the exception to the Marketable Record Title Act in N.D.C.C. 47-19.1-11(2).
In a quiet title action, parties claiming an interest in a tract of land are entitled to an adjudication of the extent, validity, superiority, and priority of their claims to the land.
Security State Bank of ND v. Orvik , 2001 ND 197, 636 N.W.2d 664
The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops.
Higgins v. Trauger , 2001 ND 149, 632 N.W.2d 463
When a failure to timely redeem from a tax sale is attributable in part to the neglect of the redemptioner, and not wholly to a mistake made by the county auditor, equitable principles do not apply to extend the redemption period.
A person who owes a duty to pay taxes on property and who fails to pay the taxes, cannot in collusion with others purchase tax sale certificates for the property to strengthen the person's title.
Braunagel v. City of Devils Lake , 2001 ND 118, 629 N.W.2d 567
Although declaratory and injunctive relief are available to challenge a city's failure to comply with the statutory requirements for annexation of property, they may not be used to test the wisdom of the annexation decision.
Government regulation of land use constitutes a "taking" for public use only when the owner has been deprived of all or substantially all reasonable uses of the property.
Moen v. Thomas , 2001 ND 110, 628 N.W.2d 325
The existence of an attorney-client relationship is ordinarily a question of fact.
Remmick v. Whitman , 2001 ND 102, 627 N.W.2d 376
The interest of a recorded mineral deed grantee, who is not a named party in a subsequent action to foreclose a mortgage on the real property, is not affected by the foreclosure action.
Moen v. Thomas , 2001 ND 95, 627 N.W.2d 146
Statements of assent to an alleged oral contract are not hearsay but constitute a verbal act.
Parties to a lease may by mutual consent terminate, alter, or amend their agreement.
James v. Griffin , 2001 ND 90, 626 N.W.2d 704
Once prior acquiescence of a boundary has been destroyed by a nonacquiescent possession, the 20-year period for establishing acquiescence begins running anew.
Schroeder v. Buchholz , 2001 ND 36, 622 N.W.2d 202
The existence of a constructive trust must be proven by clear and convincing evidence. To establish a constructive trust, a party must prove the existence of both a confidential relationship and unjust enrichment.
A constructive trust is an equitable remedy, ultimately resulting in the plaintiff's receipt of formal legal title to the property.
Des Lacs Valley Land Corp. v. Herzig , 2001 ND 17, 621 N.W.2d 860
In the absence of fraud, mistake, or accident, an unambiguous written deed cannot be altered by parol evidence.
A trial court decision will not be set aside because the court applied an incorrect rationale, if the result is the same under the correct law and rationale.
Nord v. Herrman , 2001 ND 11, 621 N.W.2d 332
Any survey method that results in equitable allocation of a new shoreline in proportion to each owner's share of the original shoreline will satisfy the legal requirement of proportional allocation.
When a trial court is faced with conflicting opinions by expert witnesses for the parties, and the court could have relied on either party's expert witness, the court's choice between the two permissible views of the weight of the evidence is not clearly erroneous.
Changes in property boundaries caused by rising and falling waters is a natural consequence of riparian land ownership.
A quiet title judgment is not binding on other property owners in the area who were not made parties to the action and who might have a claim to the subject property.
Fandrich v. Wells Co. Bd. of Co. Comm. , 2000 ND 181, 618 N.W.2d 166
While a court may issue a writ of mandamus ordering a government entity to comply with applicable law, it cannot control the government entity's discretion in determining the methods to be used in complying with the law.
Political subdivisions have no duty to provide perfect drainage.
When each party prevails on some issues, there is no single prevailing party against whom disbursements may be taxed.
Dakota Northwestern Assoc. Ltd. Partnership v. Burleigh Co. Bd. of Co. Comm. , 2000 ND 164, 616 N.W.2d 349
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.
Peplinski v. County of Richland , 2000 ND 156, 615 N.W.2d 546
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.
Johnson Farms v. McEnroe , 2000 ND 137, 613 N.W.2d 497
Where the inconsistencies and ambiguities in the trial court's findings of fact and conclusions of law are incapable of reconciliation to support a judgment, reversal and remand for a new trial is required.
One spouse cannot be divested of homestead rights by judicial proceedings in which only the other spouse is a party, even if title to the homestead property is in the name of the other spouse alone.
Douville v. Pembina Co. Water Resource District , 2000 ND 124, 612 N.W.2d 270
Under the statute governing authorization of water control devices, a dike is a device for flood control regulation capable of retaining water.
A landowner cannot acquire a prescriptive easement to maintain a dike constructed in violation of state law.
Webster v. Regan , 2000 ND 89, 609 N.W.2d 733
When a stipulation is incorporated into a judgment, the stipulation and judgment are merged, and the court's intent will control, not the intent of the parties to the stipulation. Extrinsic evidence of the parties' intent is considered only if, after an examination of the judgment, the stipulated language is ambiguous and the incorporating court's intent cannot be determined.
Webster v. Regan , 2000 ND 18, 605 N.W.2d 808
When a stipulation is incorporated into a judgment, the stipulation and judgment are merged, and the court's intent will control, not the intent of the parties to the stipulation. Extrinsic evidence of the parties' intent is considered only if, after an examination of the judgment, the stipulated language is ambiguous and the incorporating court's intent cannot be determined.
Olvera v. Johnson , 2000 ND 80, 609 N.W.2d 432
Under 1913 N.D. Compiled Laws ch. 30, foreclosure by advertisement of a 1915 mortgage foreclosed mineral interests severed from the surface after the mortgage was entered.
Friedt v. Hettinger County , 2000 ND 73, 617 N.W.2d 131
Summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(6).
Wachter v. Gratech Co. Ltd. , 2000 ND 62, 608 N.W.2d 279
Conditions precedent may be waived, either expressly or by implication.
The amount of damages caused by a breach of contract is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.
A plaintiff in an abuse of process action must show actual damages suffered as a result of the abuse of process.
In an abuse of process action, attorney fees and costs are not recoverable.
Schlafman v. Schell , 2000 ND 34, 609 N.W.2d 455
District court judgment in contract action summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Aho v. Maragos , 2000 ND 14, 605 N.W.2d 161
An issue which is not raised in the pleadings but is tried by the express or implied consent of the parties will be treated in all respects as having been properly raised in the pleadings.
Forbearance from initiating or continuing a lawsuit may constitute good consideration for a contract.
State Bank & Trust of Kenmare v. Brekke , 1999 ND 212, 602 N.W.2d 681
Acquiring title by adverse possession bars the remedy of ejectment and takes away all other remedy of the former owner.
A quitclaim deed may contain a special warranty of title against claims by, under, or through the grantor.
Huber v. Oliver County , 1999 ND 220, 602 N.W.2d 710
A trial court is not required to instruct the jury in the exact language sought by a party if the instructions adequately and correctly inform the jury of the applicable law.
Counties have a duty to construct township roads in a way that maintains the natural flow and drainage of surface waters to the extent established engineering standards or sound engineering design practice would require as prudent under the circumstances.
Graber v. Logan County Water Resource Board , 1999 ND 168, 598 N.W.2d 846
A decision of a Water Resource Board must be affirmed on appeal unless the Board acted arbitrarily, capriciously or unreasonably, or there is not substantial evidence to support the decision.
A prescriptive drainage easement may be obtained on flooded land if there is a continuous and uninterrupted adverse use for 20 years.
Treiber v. Elmer , 1999 ND 130, 598 N.W.2d 96
Only a party with a legal interest that has been directly and adversely affected by the district court's judgment or order may appeal to the Supreme Court.
Partition is available only when there are cotenants with current possessory interests in the property.
Clerical or typographical errors in a statute will be disregarded when the legislature's intent is clear.
Tormaschy v. Tormaschy , 1999 ND 131, 596 N.W.2d 337
Waiver is an issue of fact reviewed under the clearly erroneous standard.
Generally, issues not raised and adequately presented to the district court for a proper determination will not be considered on appeal.
Murphy v. Murphy , 1999 ND 118, 595 N.W.2d 571
There is no absolute right to a jury trial in an equitable proceeding.
There is no right to a jury trial on a claim or counterclaim for damages if it is incidental to or dependent upon a primary claim for which a jury trial is not allowed.
A defendant in a quiet title action may defend "after trial and within one year after the rendition of judgment therein, but not otherwise."
Timely compliance with North Dakota's nonclaim statute is mandatory, and untimely claims are barred as a matter of law.
Serenko v. City of Wilton , 1999 ND 88, 593 N.W.2d 368
There is no constitutional right to notice when a municipality initially decides to construct an improvement.
N.D.C.C. 40-22-15, which requires publication of a map of a proposed improvement district, creates a purely statutory right, and a city's failure to publish the map does not violate procedural due process.
A special assessment commission has broad discretion in selecting the method to determine benefits to individual properties within an improvement district, and its decision will be overturned only if the commission acted arbitrarily, capriciously, or unreasonably.
State ex rel. Sprynczynatyk v. Mills , 1999 ND 75, 592 N.W.2d 591
The ordinary high watermark of a river must be determined based upon the current condition of the river, even if the current condition has been affected by artificial changes.
Stuart v. Stammen , 1999 ND 38, 590 N.W.2d 224
When a party has a right of first refusal on specified property, the seller cannot add additional property and make it part of the package, thereby forcing the option holder to purchase the additional property to exercise the option.
Barker a/k/a Violet v. Ness , 1998 ND 223, 587 N.W.2d 183
There is no absolute right to a jury trial in an equitable proceeding.
Sections 9-09-02 to 9-09-04, N.D.C.C., are intended to permit a rescission at law, while N.D.C.C. 32-04-21 to 32-04-23 are intended to permit a suit in equity for rescission.
Equitable rescission envisions restoration of both parties to the status quo prior to the transaction.
Pic v. City of Grafton , 1998 ND 202, 586 N.W.2d 159
There is no "de novo" judicial review of decisions by local governing bodies under N.D.C.C. 28-34-01. Judicial review is limited to whether the decision is arbitrary, capricious, or unreasonabl
e. City which held a hearing, considered the evidence, and concluded the cost of repairs exceeded the value of a structure did not act arbitrarily, capriciously, or unreasonably in ordering its demolition.
Maragos v. Union Oil Co. of California , 1998 ND 180, 584 N.W.2d 850
A party claiming slander of title must prove special damages.
Wachter Development v. Gomke , 1998 ND 119, 579 N.W.2d 209
A trial court does not clearly err in choosing between two permissible views of the weight of the evidence.
Mougey Farms v. Kaspari , 1998 ND 118, 579 N.W.2d 583
There cannot be an easement implied from a preexisting use or by necessity when a written easement unambiguously evidences the parties' intent to terminate the easement upon expiration of a lease.
Section 61-01-04, N.D.C.C., authorizes a private individual to use the power of eminent domain to acquire for a public use property necessary for the application of water to beneficial uses.
Irrigation of farmland under a perfected water permit is a public use under N.D.C.C. 61-01-04.
Aho v. Maragos , 1998 ND 107, 579 N.W.2d 165
Summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to develop information to oppose the motion.
Nord v. Herrman , 1998 ND 91, 577 N.W.2d 782
Lake shore property dispute was not rendered moot by the rising waters of Devils Lake because the issues were capable of repetition, yet evading review.
When the level of Devils Lake recedes below the meander line, the owners of lakeside property are entitled to an allocation of the new shoreline in proportion to each owner's share of the original shoreline.
Attorney fees are not recoverable in an action unless expressly authorized by statute.
Moch v. Moch , 1998 ND 95, 578 N.W.2d 129
Law of case doctrine precludes an issue not cross-appealed or argued at the first appeal from being raised on a second appeal after remand.
On remand, a trial court does not abuse its discretion by only rectifying the defects contained in the appellate court's mandate and otherwise proceeding in a manner consistent with the appellate court's opinion.
Griffeth v. Eid , 1998 ND 38, 573 N.W.2d 829
An easement from pre-existing use is not established when there was no apparent, permanent, and continuous use of a servient tenement.
An easement by necessity is not established when alternative routes have not been eliminated as options, and defendant has offered reasonable alternative route.
Struksnes v. Kevin's Plumbing & Heating, Inc. , 1997 ND 245, 572 N.W.2d 815
A person is presumed to act for himself, rather than as the agent of another, and a party alleging the existence of an agency relationship must establish it by clear and convincing evidence.
A lease providing the lessee is to keep the premises in good repair and providing the lessee has no authority to create a lien on the premises would not cause a third person to believe the lessee had authority to act for and on behalf of the lessor.
Boehm v. Berger , 1997 ND 208, 575 N.W.2d 224
Trial court's denial of motion for new trial and award of damages summarily affirmed under N.D.R.App.P. 35.1(a) (1), (2), and (4).
Double costs assessed for failure to furnish record of grounds that trial court used to deny motion for new trial.
City of Medora v. Golberg , 1997 ND 190, 569 N.W.2d 257
A municipality did not abuse its discretion in deciding the taking of easements for a public roadway and for utilities, sewage, water, and cable television were necessary for a valid public purpose.
In an eminent domain action, the trial court misapplied the law in failing to follow the lodestar procedure for awarding attorney's fees and in awarding attorney's fees proportionate to the damages awarded.
Johnson Farms v. McEnroe , 1997 ND 179, 568 N.W.2d 920
Summary judgment was inappropriate because the appellant raised genuine issues of material fact that there was an oral contract for the sale of land and that there had been partial performance of the contract to remove it from the statute of frauds. The appellant's request for additional discovery under N.D.R.Civ.P. 56(f), although presented in a trial court brief instead of in affidavit form, was sufficient to put the trial court on notice the appellant needed more time for discovery, and the court erred in ignoring the request before ruling on the summary judgment motion.
Martin v. Martin , 1997 ND 157, 568 N.W.2d 280
A will provision directing certain land be leased was mandatory, not precatory, and was not defeated by previous words of "desire" that the land be leased.
Lindteigen v. City of Bismarck , 1997 ND 123, 565 N.W.2d 47
The City Commission's denial of an application for a special use permit to locate a private airport in a residential area adjacent to a city was not arbitrary, capricious, or unreasonable.
Bigwood v. City of Wahpeton , 1997 ND 124, 565 N.W.2d 498
The City Council's decision to conduct hearings on a zoning amendment concurrently with the city planning commission did not violate the City's zoning amendment ordinance, which is modeled after N.D.C.C. 40-47-04.
City of Fargo v. D.T.L. Properties, Inc. , 1997 ND 109, 564 N.W.2d 274
An action to reform a quit claim deed is governed by the ten-year statute of limitations in N.D.C.C. 28-01-15(2). The trial court's finding of a mistake in the execution of the quit claim deed was not clearly erroneous, and reformation of the deed was proper.
Mertz v. Arendt , 1997 ND 113, 564 N.W.2d 294
The trial court's finding that a son acquired farm property through an executed parol gift from his parents was not clearly erroneous.
Bauch v. Bauch , 1997 ND 89, 563 N.W.2d 108
In an action for an accounting, the post-trial appointment of a master to clarify an incomplete record did not deprive the parties of a fair trial or due process. The trial court's accounting was not clearly erroneous.
Linderkamp v. Hoffman , 1997 ND 64, 562 N.W.2d 734
Specific performance of an agreement rests in the sound discretion of the trial court. Specific performance may be denied if a contract is not fair, reasonable, and based on adequate consideration. Specific performance must be denied if the terms of an agreement are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
Moch v. Moch , 1997 ND 69, 562 N.W.2d 558
The trial court's finding of the amount paid on two contracts for deed was clearly erroneous because it allowed a double credit for the down payment. Cancellation of a contract for deed by action is an action in equity. When a seller cancels a contract for deed by action, the matter of a redemption period is left to the trial court's sound discretion.
Schmidt v. Schmidt , 1997 ND 44, 560 N.W.2d 886
The trial court did not err in issuing a writ of eviction against a devisee of farmland in an estate so the personal representative could take possession of the farmland for administration purposes.
Lutz v. Krauter , 553 N.W.2d 749 (N.D. 1996)
Under Section 47-05-06, N.D.C.C., a spouse who is the sole owner of a servient tenement cannot create a valid easement by attempting to convey an easement over the servient tenement to both spouses as owners of the dominant tenement.
To create an implied easement when the owner of two tenements sells one of the tenements, the grantee must have actual or implied knowledge of the easement.
City of Jamestown v. Leevers Supermarkets , 552 N.W.2d 365 (N.D. 1996)
The stimulation of commercial growth and removal of economic stagnation sought by the Urban Renewal Law, Chapter 40-58, N.D.C.C., are objectives satisfying the public use and purpose requirement of N.D. Const. Art I, 16 and U.S. Const. Amend. V.
The city did not abuse its discretion in finding the taking of private property in downtown Jamestown for development of a retail food store was necessary in the interests of the public economy, health and welfare of its residents.
The Supreme Court reversed and remanded for the trial court to determine whether the primary object of the proposed development was for the economic welfare of downtown Jamestown, in which the taking would be constitutional, or for the benefit of the private developer, in which the taking would be unconstitutional.
A trial court has no statutory authority in an eminent domain proceeding to assess the costs and fees of the city's expert appraiser against the landowner whose property was taken.
City of Fargo v. Ness , 551 N.W.2d 790 (N.D. 1996)
A deck extending to the side lot boundary of the owner's property did not violate a city zoning ordinance, and the city was not entitled to an injunction requiring the owner to remove or modify the deck.
A city's erroneous interpretation of an unambiguous ordinance is not entitled to deference.
Frey v. City of Jamestown , 548 N.W.2d 784 (N.D. 1996)
Van Raden Homes, Inc. v. Dakota View Estates , 546 N.W.2d 843 (N.D. 1996)
Wachter Development v. Gomke , 544 N.W.2d 127 (N.D. 1996)
North Shore, Inc. v. Wakefield , 542 N.W.2d 725 (N.D. 1996)
Fears and Quinn v. Y.J. Land Corp. , 539 N.W.2d 306 (N.D. 1995)
Gajewski v. Taylor , 536 N.W.2d 360 (N.D. 1995)
Lang v. Bank of ND , 530 N.W.2d 352 (N.D. 1995)
North Shore, Inc. v. Wakefield , 530 N.W.2d 297 (N.D. 1995)
Waxler v. Waxler , 529 N.W.2d 176 (N.D. 1995)
Southeast Cass Water Resource Dist. v. Burlington Northern Railroad , 527 N.W.2d 884 (N.D. 1995)
State of ND ex rel. Sprynczynatyk v. Mills , 523 N.W.2d 537 (N.D. 1994)
Porth v. Glasoe , 522 N.W.2d 439 (N.D. 1994)
Cassady v. Souris River Telephone Cooperative , 520 N.W.2d 803 (N.D. 1994)
Fisher v. Schmeling , 520 N.W.2d 820 (N.D. 1994)
Van Raden Homes, Inc. v. Dakota View Estates , 520 N.W.2d 866 (N.D. 1994)
Byron v. Davidson , 520 N.W.2d 60 (N.D. 1994)
Klepetka v. Jelinek , 516 N.W.2d 300 (N.D. 1994)
Central Power Electric Coop. v. C-K, Inc. , 512 N.W.2d 711 (N.D. 1994)
Gissel v. Kenmare Twp. and Gissel v. Kenmare Twp. , 512 N.W.2d 470 (N.D. 1994)
Burleigh Co. Water Resource Dist. v. Burleigh Co. of ND , 510 N.W.2d 624 (N.D. 1994)
North Dakota Mineral Interests v. Berger , 509 N.W.2d 251 (N.D. 1993)
Roller v. Erickson , 509 N.W.2d 273 (N.D. 1993)
Anderson v. Richland Co. Water Resource Bd. , 506 N.W.2d 362 (N.D. 1993)
Ames v. Rose Township Board of Township Supervisors , 502 N.W.2d 845 (N.D. 1993)
Sailer v. Northwestern Federal Savings & Loan Association , 497 N.W.2d 100 (N.D. 1992)
Klem v. Wolfgram , 497 N.W.2d 100 (N.D. 1992)
Linrud v. Anderson , 487 N.W.2d 613 (N.D. 1992)
Kim-Go v. J. P. Furlong Enterprises , 484 N.W.2d 118 (N.D. 1992)
Farm Credit Bank of St. Paul v. Brakke , 483 N.W.2d 167 (N.D. 1992)
Green v. Gustafson , 482 N.W.2d 842 (N.D. 1992)
Durward v. Nelson , 481 N.W.2d 586 (N.D. 1992)
Gissel v. Kenmare Township , 479 N.W.2d 876 (N.D. 1992)
City of Devils Lake v. Davis , 480 N.W.2d 720 (N.D. 1992)
Lang v. Binstock , 478 N.W.2d 13 (N.D. 1991)
Rott v. Connecticut General Life Insurance Co. , 478 N.W.2d 570 (N.D. 1991)
Musich v. Yagow , 478 N.W.2d 15 (N.D. 1991)
K & L Homes, Inc. v. Burleigh County , 478 N.W.2d 376 (N.D. 1991)
Farm Credit Bank of Omaha v. McLaughlin , 474 N.W.2d 883 (N.D. 1991)
Fibelstad v. Grant County , 474 N.W.2d 54 (N.D. 1991)
Resolution Trust Corp. v. Dickinson Econo-Storage , 474 N.W.2d 50 (N.D. 1991)
Lang v. Barrios , 472 N.W.2d 464 (N.D. 1991)
Fries v. Fries , 470 N.W.2d 232 (N.D. 1991)
Haas v. Bursinger , 470 N.W.2d 222 (N.D. 1991)
Midwest Processing Company v. McHenry County , 467 N.W.2d 895 (N.D. 1991)
Conitz v. Conitz , 467 N.W.2d 93 (N.D. 1991)
Anchor Estates, Inc. v. State , 466 N.W.2d 111 (N.D. 1991)
Jorgensen v. Crow , 466 N.W.2d 120 (N.D. 1991)
Lang v. Binstock , 513 N.W.2d 561 (N.D. 1991)
Giese v. Morton County , 464 N.W.2d 202 (N.D. 1990)
Hansen v. Winkowitsch , 463 N.W.2d 645 (N.D. 1990)
Gissel v. Kenmare Township , 463 N.W.2d 668 (N.D. 1990)
Mees v. Ereth , 466 N.W.2d 135 (N.D. 1990)
Mees v. Ereth , 462 N.W.2d 161 (N.D. 1990)
Dewey v. Lutz , 462 N.W.2d 435 (N.D. 1990)
Kim-Go v. J. P. Furlong Enterprises , 460 N.W.2d 694 (N.D. 1990)
Pic v. City of Grafton , 460 N.W.2d 706 (N.D. 1990)
Williston Cooperative Credit Union v. Fossum , 459 N.W.2d 548 (N.D. 1990)
Schmidt v. Grand Forks Country Club , 460 N.W.2d 125 (N.D. 1990)
Popelka v. Popelka , 461 N.W.2d 116 (N.D. 1990)
Lang v. Wonnenberg , 455 N.W.2d 832 (N.D. 1990)
Dakota Bank and Trust Co. of Fargo v. Federal Land Bank , 453 N.W.2d 610 (N.D. 1990)
Security State Bank of Hannaford v. Harrington , 452 N.W.2d 72 (N.D. 1990)
Gilbertson v. Gilbertson , 452 N.W.2d 79 (N.D. 1990)
Regstad v. Steffes , 448 N.W.2d 203 (N.D. 1989)
Gust v. Peoples and Enderlin State Bank , 447 N.W.2d 914 (N.D. 1989)
Stonewood Hotel Corporation, Inc. v. Davis Development, Inc. , 447 N.W.2d 286 (N.D. 1989)
Richland County Water Resource Board v. Pribbernow , 442 N.W.2d 916 (N.D. 1989)
Farmers Union Central Exchange Inc. v. Grand Forks County , 443 N.W.2d 907 (N.D. 1989)
Aalund v. Williams County , 442 N.W.2d 900 (N.D. 1989)
Production Credit Association of Mandan v. Obrigewitch , 443 N.W.2d 305 (N.D. 1989)
Land Office Company v. Clapp-Thomssen Co. , 442 N.W.2d 401 (N.D. 1989)
Rott v. Mittleider , 441 N.W.2d 645 (N.D. 1989)
Adams v. Canterra Petroleum, Inc., , 439 N.W.2d 540 (N.D. 1989)
Knutson v. Jensen , 440 N.W.2d 260 (N.D. 1989)
Westgard v. Farstad Oil, Inc. v. Jacobson , 437 N.W.2d 522 (N.D. 1989)
Westhoff v. Klem , 436 N.W.2d 243 (N.D. 1989)
Anderson v. Anderson , 435 N.W.2d 687 (N.D. 1989)
Rohrich v. Rohrich , 434 N.W.2d 343 (N.D. 1989)
Ulvedal v. Bd. of County Commissioners of Grand Forks County , 434 N.W.2d 707 (N.D. 1989)
Regstad v. Steffes , 433 N.W.2d 202 (N.D. 1988)
Mund v. Rambough , 432 N.W.2d 50 (N.D. 1988)
Flex Credit, Inc. v. Winkowitsch , 428 N.W.2d 236 (N.D. 1988)
Lundgren v. Mohagen , 426 N.W.2d 563 (N.D. 1988)
State v. Liberty National Bank and Trust Co. , 427 N.W.2d 307 (N.D. 1988)
Federal Land Bank of St. Paul v. Overboe , 426 N.W.2d 1 (N.D. 1988)
City of Minot v. Freelander , 426 N.W.2d 556 (N.D. 1988)
Deichert v. Fitch , 424 N.W.2d 903 (N.D. 1988)
Dutchuk v. Board of County Commissioners, Billings Co., ND , 429 N.W.2d 21 (N.D. 1988)
Lang v. Bank of North Dakota , 423 N.W.2d 501 (N.D. 1988)
Bank of Steele v. Lang , 423 N.W.2d 504 (N.D. 1988)
Podoll v. Brady , 423 N.W.2d 151 (N.D. 1988)
J.P. Furlong Enterprises v. Sun Exploration and Production , 423 N.W.2d 130 (N.D. 1988)
Ownership of the Bed of Devils Lake , 423 N.W.2d 141 (N.D. 1988)
Runck v. Brakke , 421 N.W.2d 487 (N.D. 1988)
City of Grand Forks v. Mik-Lan Recreation Assoc , 421 N.W.2d 806 (N.D. 1988)
Miiller v. City of Rugby Planning and Zoning Commission , 421 N.W.2d 480 (N.D. 1988)
Century Park Condominium v. Norwest Bank , 420 N.W.2d 349 (N.D. 1988)
United Bank of Bismarck v. Glatt , 420 N.W.2d 743 (N.D. 1988)
Vorachek v. Citizens State Bank of Lankin , 421 N.W.2d 45 (N.D. 1988)
Borseth v. Bolken , 422 N.W.2d 98 (N.D. 1988)
Bahmiller v. Dietz , 420 N.W.2d 3 (N.D. 1988)
Brend v. Dome Development, Ltd. , 418 N.W.2d 610 (N.D. 1988)
Haman v. City of Surrey , 418 N.W.2d 605 (N.D. 1988)
Connecticut Gen. Life Ins. Co. v. Rott , 422 N.W.2d 98 (N.D. 1988)
Federal Land Bank of St. Paul v. Gefroh , 418 N.W.2d 602 (N.D. 1988)
Quick v. Fischer , 417 N.W.2d 843 (N.D. 1988)
Fisher v. Aune , 417 N.W.2d 186 (N.D. 1987)
Gohner v. Zundel , 411 N.W.2d 75 (N.D. 1987)
First State Bank of Casselton v. McConnell , 410 N.W.2d 139 (N.D. 1987)
American State Bank of Killdeer v. Hewson , 411 N.W.2d 57 (N.D. 1987)
Poyzer v. Amenia Seed & Grain Co. , 409 N.W.2d 107 (N.D. 1987)
Brakke v. Rudnick , 409 N.W.2d 326 (N.D. 1987)
Sivertson v. McLees , 407 N.W.2d 799 (N.D. 1987)
Smith v. Watson , 406 N.W.2d 685 (N.D. 1987)
Farley v. Champs Fine Foods, Inc. , 404 N.W.2d 493 (N.D. 1987)
Burlington Northern Railroad Co., Inc. v. Scheid , 398 N.W.2d 114 (N.D. 1986)
Investment Rarities v. Bottineau Co. Water Resource Dist. , 396 N.W.2d 746 (N.D. 1986)
Ruud v. Larson , 392 N.W.2d 62 (N.D. 1986)
Thompson v. Thompson , 391 N.W.2d 608 (N.D. 1986)
Helm Bros., Inc. v. Trauger , 389 N.W.2d 600 (N.D. 1986)
Pulkrabek v. Morton County , 389 N.W.2d 609 (N.D. 1986)
Graber v. Rolette City Council , 388 N.W.2d 852 (N.D. 1986)
Steffes v. Potter , 388 N.W.2d 855 (N.D. 1986)
First Trust Co. of North Dakota v. Mast , 385 N.W.2d 104 (N.D. 1986)
Lindvig v. Lindvig , 385 N.W.2d 466 (N.D. 1986)
Larson v. Wells County Water Resource Board , 385 N.W.2d 480 (N.D. 1986)
Production Credit Association of Minot v. Klein , 385 N.W.2d 485 (N.D. 1986)
Benson v. Taralseth , 382 N.W.2d 649 (N.D. 1986)
Jurgens v. Heisler , 380 N.W.2d 329 (N.D. 1986)
City of Minot v. Johnston , 379 N.W.2d 275 (N.D. 1985)
Cook v. Clark , 375 N.W.2d 181 (N.D. 1985)
Mischel v. Austin , 374 N.W.2d 599 (N.D. 1985)
Peacock v. Sundre Township , 372 N.W.2d 877 (N.D. 1985)
Manz v. Bohara , 367 N.W.2d 743 (N.D. 1985)
Annexation of Donnybrook Public School District No. 24 , 365 N.W.2d 514 (N.D. 1985)
Martin v. Weckerly , 364 N.W.2d 93 (N.D. 1985)
Allegree v. Jankowski , 355 N.W.2d 798 (N.D. 1984)
Sykeston Township v. Wells County , 356 N.W.2d 136 (N.D. 1984)
Mitchell v. Barnes , 354 N.W.2d 680 (N.D. 1984)
Eisenzimmer v. City of Balfour , 352 N.W.2d 628 (N.D. 1984)
Erickson v. Ward , 351 N.W.2d 445 (N.D. 1984)
Solen Public School v. Board of Public School Education , 351 N.W.2d 435 (N.D. 1984)
Radspinner v. Charlesworth , 346 N.W.2d 727 (N.D. 1984)
Striegel v. Dakota Hills, Inc. , 343 N.W.2d 785 (N.D. 1984)
Nelson v. Christianson , 343 N.W.2d 375 (N.D. 1984)
Ward v. Shipp , 340 N.W.2d 14 (N.D. 1983)
Pic v. City of Grafton , 339 N.W.2d 763 (N.D. 1983)
Torgerson v. Rose , 339 N.W.2d 79 (N.D. 1983)
Nissen v. City of Fargo , 338 N.W.2d 655 (N.D. 1983)
Wessels v. Whetstone , 338 N.W.2d 830 (N.D. 1983)
Gruebele v. Gruebele , 338 N.W.2d 805 (N.D. 1983)
Meier v. Novak , 338 N.W.2d 631 (N.D. 1983)
Williamson v. Magnusson , 336 N.W.2d 353 (N.D. 1983)
Neuner v. Ballantyne , 336 N.W.2d 342 (N.D. 1983)
Midwest Federal Savings & Loan Association of Minot v. Kouba , 335 N.W.2d 780 (N.D. 1983)
Wolf v. Anderson , 334 N.W.2d 212 (N.D. 1983)
Park District of the City of Devils Lake v. Garcia , 334 N.W.2d 824 (N.D. 1983)
Matter of Persons , 334 N.W.2d 471 (N.D. 1983)
Malloy v. Boetcher , 334 N.W.2d 8 (N.D. 1983)
Heinsohn v. William Clairmont, Inc. , 333 N.W.2d 697 (N.D. 1983)
Haveluck v. North Dakota State Highway Department , 333 N.W.2d 425 (N.D. 1983)
Young v. Hamilton , 332 N.W.2d 237 (N.D. 1983)
Messer v. State Water Commission , 332 N.W.2d 66 (N.D. 1983)
Arneson v. City of Fargo , 331 N.W.2d 30 (N.D. 1983)
Rippley v. City of Lincoln , 330 N.W.2d 505 (N.D. 1983)
North Dakota State Water Commission v. Board of Managers , 332 N.W.2d 254 (N.D. 1983)
Langenes v. Bullinger , 328 N.W.2d 241 (N.D. 1982)
Eszlinger v. Wetzel , 326 N.W.2d 215 (N.D. 1982)
McLain v. Midway Township , 326 N.W.2d 196 (N.D. 1982)
Edmore Public School District No. 2 v. State Board of Public School Education , 326 N.W.2d 81 (N.D. 1982)
C.H. Carpenter Lumber Co. v. Schauer , 321 N.W.2d 460 (N.D. 1982)
Simons v. Tancre , 321 N.W.2d 495 (N.D. 1982)
Cooke v. Blood Systems, Inc. , 320 N.W.2d 124 (N.D. 1982)
Jesz v. Geigle , 319 N.W.2d 481 (N.D. 1982)
Eastman v. Nelson , 319 N.W.2d 134 (N.D. 1982)
Schumacher Homes, Inc. v. J & W Enterprises , 318 N.W.2d 763 (N.D. 1982)
Frederick v. Kubisiak , 317 N.W.2d 120 (N.D. 1982)
State Bank of Burleigh County Trust Co. v. City of Bismarck , 316 N.W.2d 85 (N.D. 1982)
Zabolotny v. Federenko , 315 N.W.2d 668 (N.D. 1982)
Robar v. Ellingson , 301 N.W.2d 653 (N.D. 1982)
Ottert Tail Power Co. v. Demchuk , 314 N.W.2d 298 (N.D. 1982)
Morris v. Richland County Board of Drain Commissioners , 313 N.W.2d 763 (N.D. 1981)
Kraft v. Malone , 313 N.W.2d 758 (N.D. 1981)
Mohr v. Tescher , 313 N.W.2d 737 (N.D. 1981)
Lee v. Frank , 313 N.W.2d 733 (N.D. 1981)
Allen v. Minot Amusement Corp. , 312 N.W.2d 698 (N.D. 1981)
Asleson v. West Branch Land Co. , 311 N.W.2d 533 (N.D. 1981)
Matter of Drainage by James L. Persons , 311 N.W.2d 919 (N.D. 1981)
Kronebusch v. Lettenmaier , 311 N.W.2d 32 (N.D. 1981)
Hoge v. Burleigh County Water Management District , 311 N.W.2d 23 (N.D. 1981)
Basin Electric Power Cooperative v. Miller , 310 N.W.2d 715 (N.D. 1981)
Breene v. Plaza Tower Association , 310 N.W.2d 730 (N.D. 1981)
Spletto v. Board of County Commissioners , 310 N.W.2d 726 (N.D. 1981)
Woodbury v. Pfliiger , 309 N.W.2d 104 (N.D. 1981)
Roshau v. Meduna , 307 N.W.2d 835 (N.D. 1981)
Gajewski v. Bratcher , 307 N.W.2d 826 (N.D. 1981)
Medearis v. Miller , 306 N.W.2d 200 (N.D. 1981)
Spier v. Power Concrete, Inc. , 304 N.W.2d 68 (N.D. 1981)
Backhaus v. Renschler , 304 N.W.2d 87 (N.D. 1981)
Mason v. Haakenson , 303 N.W.2d 557 (N.D. 1981)
Northwestern Bell Telephone Co. v. Cowger , 303 N.W.2d 791 (N.D. 1981)
Keidel v. Rask , 304 N.W.2d 402 (N.D. 1981)
Bender v. Liebelt , 303 N.W.2d 316 (N.D. 1981)
Arneson v. City of Fargo , 303 N.W.2d 515 (N.D. 1981)
Production Credit Association of Mandan v. Terra Vallee, Inc. , 303 N.W.2d 79 (N.D. 1981)
Eck v. City of Bismarck , 302 N.W.2d 739 (N.D. 1981)
Hovden v. Lind , 301 N.W.2d 374 (N.D. 1981)
Gilbertson v. Charlson , 301 N.W.2d 144 (N.D. 1981)
Diemert v. Johnson , 299 N.W.2d 546 (N.D. 1980)
City of Grand Forks v. Henderson , 297 N.W.2d 450 (N.D. 1980)
Minch v. City of Fargo , 297 N.W.2d 785 (N.D. 1980)
Roeders v. City of Washburn , 298 N.W.2d 779 (N.D. 1980)
Hirsch v. Scherr , 295 N.W.2d 131 (N.D. 1980)
Minnkota Power Cooperative, Inc. v. Lake Shure Properties , 295 N.W.2d 122 (N.D. 1980)
Grossman v. McLeish Ranch , 291 N.W.2d 427 (N.D. 1980)
Keidel v. Rask , 290 N.W.2d 255 (N.D. 1980)
Yegen v. City of Bismarck , 291 N.W.2d 422 (N.D. 1980)
Basin Electric Power Cooperative v. Paulson , 289 N.W.2d 548 (N.D. 1980)
Basin Electric Power Cooperative v. Boschker , 289 N.W.2d 553 (N.D. 1980)
Fetzgerald v. Balkowitsch , 288 N.W.2d 761 (N.D. 1980)
Shaw v. Burleigh County , 286 N.W.2d 792 (N.D. 1979)
Hultberg v. Hjelle , 286 N.W.2d 448 (N.D. 1979)
Herzig v. Herzig , 286 N.W.2d 116 (N.D. 1979)
Eck v. City of Bismarck , 283 N.W.2d 193 (N.D. 1979)
Alumni Association v. Hart Agency, Inc. , 283 N.W.2d 119 (N.D. 1979)
Filler v. City of Minot , 281 N.W.2d 237 (N.D. 1979)
Production Credit Association of Mandan v. Garlington , 280 N.W.2d 920 (N.D. 1979)
Zent v. Zent , 281 N.W.2d 41 (N.D. 1979)
Anderson v. Mooney , 279 N.W.2d 423 (N.D. 1979)
Dempsey v. City of Souris , 279 N.W.2d 418 (N.D. 1979)
Trauger v. Helm Brothers, Inc. , 279 N.W.2d 406 (N.D. 1979)
Zundel v. Zundel , 278 N.W.2d 123 (N.D. 1979)
United Power Association v. Heley , 277 N.W.2d 262 (N.D. 1979)
United Power Association v. Faber , 277 N.W.2d 287 (N.D. 1979)
Fettig v. Fettig , 277 N.W.2d 278 (N.D. 1979)
Berger v. County of Morton , 275 N.W.2d 315 (N.D. 1979)
City of Hazelton v. Daugherty , 275 N.W.2d 624 (N.D. 1979)
A & A Metal Buildings v. I-S, Inc. , 274 N.W.2d 183 (N.D. 1978)
Goetz v. Anderson , 274 N.W.2d 175 (N.D. 1978)
Sabot v. Fox , 272 N.W.2d 280 (N.D. 1978)
Apple Creek Township v. City of Bismarck , 271 N.W.2d 583 (N.D. 1978)
State v. Livingston , 270 N.W.2d 556 (N.D. 1978)
Sande v. City of Grand Forks , 269 N.W.2d 93 (N.D. 1978)
United Power Association v. Mund , 267 N.W.2d 825 (N.D. 1978)
Young v. White , 267 N.W.2d 799 (N.D. 1978)
Oakes Municipal Airport Authority v. Wiese , 265 N.W.2d 697 (N.D. 1978)
Kadrmas v. Kadrmas , 264 N.W.2d 892 (N.D. 1978)
Landers v. Goetz , 264 N.W.2d 459 (N.D. 1978)
Undlin v. City of Surrey , 262 N.W.2d 742 (N.D. 1978)
Bergquist v. Eichelberger , 262 N.W.2d 19 (N.D. 1978)
Lee v. North Dakota Park Service , 262 N.W.2d 467 (N.D. 1977)
City of Bismarck v. Thom , 261 N.W.2d 640 (N.D. 1977)
City of Fargo v. State , 260 N.W.2d 333 (N.D. 1977)
Falconer v. Farmers Union Oil Co. , 260 N.W.2d 1 (N.D. 1977)
Devine v. Fitzpatrick , 258 N.W.2d 247 (N.D. 1977)
Amann v. Frederick , 257 N.W.2d 436 (N.D. 1977)
Greenberg v. Awes , 256 N.W.2d 374 (N.D. 1977)
City of Fargo v. Harwood Township , 256 N.W.2d 694 (N.D. 1977)
Royse v. Easter Seal Society , 256 N.W.2d 542 (N.D. 1977)
Olson v. Cass County , 253 N.W.2d 179 (N.D. 1977)
Schroeder v. Burleigh County , 252 N.W.2d 893 (N.D. 1977)
Hermanson v. Morrell , 252 N.W.2d 884 (N.D. 1977)
Johnson v. Gray , 251 N.W.2d 923 (N.D. 1977)
City of West Fargo v. City of Fargo , 251 N.W.2d 918 (N.D. 1977)
Gerhardt v. Fleck , 256 N.W.2d 547 (N.D. 1977)
Gerhardt v. Fleck , 251 N.W.2d 764 (N.D. 1977)
Will v. Will , 249 N.W.2d 227 (N.D. 1976)
Rohrich v. Kaplan , 248 N.W.2d 801 (N.D. 1976)
KEM Electric Cooperative, Inc. v. Materi , 247 N.W.2d 668 (N.D. 1976)
Perdue v. Sherman , 246 N.W.2d 491 (N.D. 1976)
Jamestown Terminal Elevator, Inc. v. Knoop , 246 N.W.2d 612 (N.D. 1976)
Mattco, Inc. v. Mandan Rodeo Ass'n Inc. , 246 N.W.2d 222 (N.D. 1976)
McCullough v. Swanson , 245 N.W.2d 262 (N.D. 1976)
Square Butte Electric Coop. v. Hilken , 244 N.W.2d 519 (N.D. 1976)
Hodny v. Hoyt , 243 N.W.2d 350 (N.D. 1976)
Gajewski v. Bratcher , 240 N.W.2d 871 (N.D. 1976)
Saetz v. Heiser , 240 N.W.2d 67 (N.D. 1976)
Scheid v. Scheid , 239 N.W.2d 833 (N.D. 1976)
Berry-Iverson v. Locken , 242 N.W.2d 126 (N.D. 1976)
Small v. Burleigh County , 239 N.W.2d 823 (N.D. 1976)
Buehler v. City of Mandan , 239 N.W.2d 522 (N.D. 1976)
Eakman v. Robb , 237 N.W.2d 423 (N.D. 1975)
Greenberg v. Stewart , 236 N.W.2d 862 (N.D. 1975)
Sorenson v. Olson , 235 N.W.2d 892 (N.D. 1975)
Minot Sand and Gravel Co. v. Hjelle , 231 N.W.2d 716 (N.D. 1975)
Brooks v. Bogart , 231 N.W.2d 746 (N.D. 1975)
Small v. Burleigh Co. , 225 N.W.2d 295 (N.D. 1974)
Hodny v. Hoyt , 224 N.W.2d 826 (N.D. 1974)
Mattco, Inc. v. Johnson , 224 N.W.2d 822 (N.D. 1974)
Dakota Land Co. v. City of Fargo , 224 N.W.2d 810 (N.D. 1974)
Sand v. Red River National Bank and Trust Co. , 224 N.W.2d 375 (N.D. 1974)
Basin Electric Power Coop. v. Lang , 221 N.W.2d 719 (N.D. 1974)
Guerard v. State , 220 N.W.2d 525 (N.D. 1974)
Gajewski v. Bratcher , 221 N.W.2d 614 (N.D. 1974)
Square Butte Electric Coop. v. Hilken , 219 N.W.2d 877 (N.D. 1974)
Ruff v. Schmeichel , 219 N.W.2d 823 (N.D. 1974)
Haag v. State , 219 N.W.2d 121 (N.D. 1974)
Hutton v. Korynta , 218 N.W.2d 177 (N.D. 1974)
Kasper v. City of Mandan , 217 N.W.2d 1 (N.D. 1974)
Hefty v. Aldrich , 220 N.W.2d 840 (N.D. 1974)
Stude v. Madzo , 217 N.W.2d 5 (N.D. 1974)
Sauvageau v. Hjelle , 213 N.W.2d 381 (N.D. 1973)
City of Minot v. Fisher , 212 N.W.2d 837 (N.D. 1973)
McNaught v. MacArthur , 209 N.W.2d 639 (N.D. 1973)
Handy v. Handy , 207 N.W.2d 245 (N.D. 1973)
Viall v. Triangle Electric, Inc. , 211 N.W.2d 185 (N.D. 1973)
Viall v. Triangle Electric, Inc. , 204 N.W.2d 390 (N.D. 1973)
Trengen v. Mongeon , 206 N.W.2d 284 (N.D. 1973)
Trengen v. Mongeon , 200 N.W.2d 50 (N.D. 1973)
Bumann v. Maurer , 203 N.W.2d 434 (N.D. 1972)
Abbey v. State , 202 N.W.2d 844 (N.D. 1972)
Hofer v. Scott Livestock Co. , 201 N.W.2d 410 (N.D. 1972)
Municipal Airport Authority of City of Fargo v. Stockman , 198 N.W.2d 212 (N.D. 1972)
United Public School District No. 7 v. City of Burlington , 196 N.W.2d 65 (N.D. 1972)
Bolyea v. First Presbyterian Church , 196 N.W.2d 149 (N.D. 1972)
Barr v. Barnes County , 194 N.W.2d 744 (N.D. 1972)
Maragos v. City of Minot , 191 N.W.2d 570 (N.D. 1971)
Jamestown Plumbing and Heating Co. v. City of Jamestown , 189 N.W.2d 656 (N.D. 1971)
Young v. Smith , 191 N.W.2d 516 (N.D. 1971)
Jacobsen v. Pedersen , 190 N.W.2d 1 (N.D. 1971)
Bumann v. Maurer , 188 N.W.2d 740 (N.D. 1971)
Patterson v. City of Bismarck , 188 N.W.2d 734 (N.D. 1971)
Mader v. Hintz , 186 N.W.2d 897 (N.D. 1971)
Frank v. County of Mercer , 186 N.W.2d 439 (N.D. 1971)
Wallegham v. Thomspon , 185 N.W.2d 649 (N.D. 1971)
Fargo Public Library v. City of Fargo Urban Renewal Agency , 185 N.W.2d 500 (N.D. 1971)
Ray v. Northern Sugar Corp. , 184 N.W.2d 715 (N.D. 1971)
Berg v. Kremers , 181 N.W.2d 730 (N.D. 1970)
City of Bismarck v. St. Mary's Church , 181 N.W.2d 713 (N.D. 1970)
Higgins v. Mills , 181 N.W.2d 726 (N.D. 1970)
Hessinger v. Sorenson , 180 N.W.2d 910 (N.D. 1970)
Permann v. Knife River Coal Mining Co. , 180 N.W.2d 146 (N.D. 1970)
Lende v. Wiedmeier , 179 N.W.2d 736 (N.D. 1970)
Ferguson v. Hjelle , 180 N.W.2d 408 (N.D. 1970)
Hector v. Board of Township Supervisors of Stanley Township , 177 N.W.2d 547 (N.D. 1970)
Ballantyne v. Nedrose Public School District No. 4 , 177 N.W.2d 551 (N.D. 1970)
Frederick v. Frederick , 178 N.W.2d 834 (N.D. 1970)
Fettig v. Fettig , 176 N.W.2d 523 (N.D. 1970)
Rieger v. Rieger , 175 N.W.2d 563 (N.D. 1970)
Knauss v. Miles Homes, Inc. , 173 N.W.2d 896 (N.D. 1969)
Soo Line Railroad v. City of Wilton , 172 N.W.2d 74 (N.D. 1969)
Odegaard v. Craig , 171 N.W.2d 133 (N.D. 1969)
Blair v. City of Fargo , 171 N.W.2d 236 (N.D. 1969)
Portland Credit Union v. Hauge , 169 N.W.2d 106 (N.D. 1969)
Zueger v. Boehm , 164 N.W.2d 901 (N.D. 1969)
Williams Bros. Pipe Line Co. v. City of Grand Forks , 163 N.W.2d 517 (N.D. 1968)
Graven v. Backus , 163 N.W.2d 320 (N.D. 1968)
Brenna v. Hjelle , 161 N.W.2d 356 (N.D. 1968)
Overboe v. Overboe , 160 N.W.2d 650 (N.D. 1968)
Gershman v. Engelstad , 160 N.W.2d 80 (N.D. 1968)
Klipfel v. Brandenburger , 156 N.W.2d 774 (N.D. 1968)
Trautman v. Keystone Development Corp. , 156 N.W.2d 817 (N.D. 1968)
Tavis v. Higgins , 157 N.W.2d 718 (N.D. 1968)
Berg v. Kremers , 154 N.W.2d 911 (N.D. 1967)
Perdue v. Knudson , 154 N.W.2d 908 (N.D. 1967)
Frandsen v. Mayer , 155 N.W.2d 294 (N.D. 1967)
Zarak v. Hjelle , 156 N.W.2d 815 (N.D. 1967)
Zarak v. Hjelle , 154 N.W.2d 377 (N.D. 1967)
Thorson v. City of Minot , 153 N.W.2d 764 (N.D. 1967)
City of Fargo Urban Renewal Agency v. Fargo Union Mission , 152 N.W.2d 465 (N.D. 1967)
Martin v. Rippel , 152 N.W.2d 332 (N.D. 1967)
Park District v. Bertsch , 152 N.W.2d 401 (N.D. 1967)
Satrom v. City of Grand Forks , 150 N.W.2d 700 (N.D. 1967)
Frederickson v. Hjelle , 149 N.W.2d 733 (N.D. 1967)
City of Southwest Fargo Urban Renewal Agency v. Lenthe , 149 N.W.2d 373 (N.D. 1967)
Tostenson v. Ihland , 147 N.W.2d 104 (N.D. 1966)
Trautman v. Ahlert , 147 N.W.2d 407 (N.D. 1966)
Woodland v. Woodland , 147 N.W.2d 590 (N.D. 1966)
Sobolik v. Vavrowsky , 146 N.W.2d 761 (N.D. 1966)
Jennings v. Shipp , 148 N.W.2d 330 (N.D. 1966)
Sprenger v. Sprenger , 146 N.W.2d 36 (N.D. 1966)
Schrank v. Meade , 145 N.W.2d 514 (N.D. 1966)
Schmidt v. Frank , 144 N.W.2d 572 (N.D. 1966)
Smith v. Anderson , 144 N.W.2d 530 (N.D. 1966)
Heggen v. Marentette , 144 N.W.2d 218 (N.D. 1966)
Morton Co. Bd. of Park Commissioners v. Wetsch , 142 N.W.2d 751 (N.D. 1966)
Heasley v. Glinz , 142 N.W.2d 606 (N.D. 1966)
Glinz v. Heasley , 142 N.W.2d 603 (N.D. 1966)
Adams v. Little Missouri Minerals Ass'n , 143 N.W.2d 659 (N.D. 1966)
Putnam v. Dickinson , 142 N.W.2d 111 (N.D. 1966)
Schmidt v. Frank , 140 N.W.2d 588 (N.D. 1966)
Sittner v. Mistelski , 140 N.W.2d 360 (N.D. 1966)
Cokins v. Frandsen , 141 N.W.2d 796 (N.D. 1966)
Parceluk v. Knudtson , 139 N.W.2d 864 (N.D. 1966)
Wilson v. City of Fargo , 141 N.W.2d 727 (N.D. 1965)
Kuhn v. Hamilton , 138 N.W.2d 604 (N.D. 1965)
Greeman v. Smith , 138 N.W.2d 433 (N.D. 1965)
Schmeet v. Schumacher , 137 N.W.2d 789 (N.D. 1965)
Skelly Oil Co. v. Fruh , 137 N.W.2d 664 (N.D. 1965)
Hagen v. Hagen , 137 N.W.2d 234 (N.D. 1965)
Cokins v. Frandsen , 136 N.W.2d 377 (N.D. 1965)
Morton Co. Bd. of Park Comm'rs v. Wetsch , 136 N.W.2d 158 (N.D. 1965)
H.A. Thompson & Sons, Inc. v. Hahn , 135 N.W.2d 166 (N.D. 1965)
Heinrich v. Martin , 134 N.W.2d 786 (N.D. 1965)
Tesoro v. LaDue , 133 N.W.2d 566 (N.D. 1965)
Holien v. Trydahl , 134 N.W.2d 851 (N.D. 1965)
Rynestad v. Clemetson , 133 N.W.2d 559 (N.D. 1965)
Pope v. Popow , 133 N.W.2d 433 (N.D. 1965)
Perry v. Erling , 132 N.W.2d 889 (N.D. 1965)
United Development Corp. v. State Highway Dept. , 133 N.W.2d 439 (N.D. 1965)
Campbell v. Russell , 132 N.W.2d 705 (N.D. 1965)

Generated from Supreme Court Docket on 07/23/2008