Opinions

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Franciere v. City of Mandan 2019 ND 233
Docket No.: 20190122
Filing Date: 9/12/2019
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: A district court must rule on a motion to dismiss for insufficiency of service and lack of personal jurisdiction before adjudicating the merits of a claim.

Interest of Hoff 2019 ND 232
Docket No.: 20190066
Filing Date: 9/12/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Alvarado v. N.D. Dept. of Transportation 2019 ND 231
Docket No.: 20190032
Filing Date: 9/12/2019
Case Type: TRANSPORTATION DEPT.
Author: Jensen, Jon J.

Highlight: Without a valid request for testing, including a valid advisory, there can be no refusal to submit to testing under N.D.C.C. §§ 39-20-01(3)(a) or 39-08-01(2).

Larson, et al. v. Tonneson, et al. 2019 ND 230
Docket No.: 20180169
Filing Date: 9/12/2019
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable.
To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.
While adverse possession generally cannot be obtained against a public entity, title may be acquired by adverse possession when a roadway has been unopened to public use, an offer to dedicate it has been unaccepted, or it has been vacated or abandoned.
Whether an adverse possession has occurred presents a question of fact, which will not be reversed on appeal unless clearly erroneous.

State v. Greenshields 2019 ND 229
Docket No.: 20190105
Filing Date: 8/29/2019
Case Type: SEXUAL OFFENSE
Author: McEvers, Lisa K. Fair

Highlight: When the dismissal of a criminal count or entire complaint is silent whether it is with or without prejudice, it is ambiguous and examination of the parties and the district court’s intent is required.

Pennington, et al. v. Continental Resources, Inc. 2019 ND 228
Docket No.: 20190063
Filing Date: 8/27/2019
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

Highlight: Oil and gas leases are interpreted as a whole to give effect to every part if reasonably practicable.
A force majeure clause in a contract allocates the risk of loss if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.
A party relying on an express force majeure clause in a contract must provide proof that the failure to perform was proximately caused by a contingency and that, in spite of the party’s skill, diligence, and good faith, performance remains impossible or unreasonably expensive.

State v. Johns 2019 ND 227
Docket No.: 20180431
Filing Date: 8/26/2019
Case Type: DRUGS/CONTRABAND
Author: Crothers, Daniel John

Highlight: A completed deferred imposition of sentence that has resulted in dismissal of the charge involving a prior conviction under N.D.C.C. title 19-03.4 can not be used to enhance a subsequent charge of unlawful possession of drug paraphernalia.

Plains Trucking, LLC v. Cresap, et al. 2019 ND 226
Docket No.: 20190014
Filing Date: 8/22/2019
Case Type: WRIT OF SUPERVISION (Civil)
Author: Tufte, Jerod E.

Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.

Plains Trucking, LLC v. Hagar, et al. 2019 ND 226
Docket No.: 20190022
Filing Date: 8/22/2019
Case Type: WRIT OF SUPERVISION (Civil)
Author: Tufte, Jerod E.

Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

When a worker is an employee, the Workforce Safety and Insurance Act generally provides the exclusive remedy for the employee who suffers a compensable injury.

Workforce Safety and Insurance must make the initial determination that an employer has misrepresented the amount of payroll upon which its premium is based before an employee may pursue the dual remedy of a civil action.

Baker v. Baker 2019 ND 225
Docket No.: 20190048
Filing Date: 8/22/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: On a motion to modify primary residential responsibility, a district court must accept the truth of the moving party’s allegations unless an opposing affidavit conclusively establishes the movant’s allegations have no credibility.

Under N.D.R.App.P. 30(a)(1), only items in the record may be included in the appendix.

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