Opinions

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Cuozzo v. State, d/b/a University of North Dakota, et al. 2019 ND 95
Docket No.: 20180337
Filing Date: 4/11/2019
Case Type: EMPLOYER/EMPLOYEE DISPUTE
Author: Crothers, Daniel John

Highlight: Board of Higher Education policies, rules and regulations adopted as part of its policy manual govern termination of university faculty members and are part of the employment contract between the institution and the faculty member.

Generally, substantial compliance with the procedural requirements for termination is sufficient if their purpose is fulfilled.

The separation of powers doctrine does not permit judicial examination of the adequacy of a university president’s review of the record.

Candee, et al. v. Candee 2019 ND 94
Docket No.: 20180246
Filing Date: 4/11/2019
Case Type: FORECLOSURE
Author: Crothers, Daniel John

Highlight: A district court’s decision regarding attorney fees will not be set aside on appeal absent an abuse of discretion.

A settlement agreement and mutual release of claims was not “evidence of debt” under N.D.C.C. § 28-26-04, so as to preclude enforcement a contractual provision providing for recovery of attorney fees and costs.

Horst v. Horst 2019 ND 93
Docket No.: 20180402
Filing Date: 4/11/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: A district court judgment awarding a divorce, establishing primary residential responsibility, child support, and parenting time are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3) and(4).

An argument that is not adequately articulated, supported, and briefed will not be considered on appeal.

Interest of C.D.C. 2019 ND 92
Docket No.: 20180371
Filing Date: 4/11/2019
Case Type: PATERNITY
Author: Per Curiam

Highlight: Appeal from an order denying motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Johnson 2019 ND 91
Docket No.: 20180349
Filing Date: 4/11/2019
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: Criminal judgment finding defendant guilty of unlawful possession of a controlled substance in violation of N.D.C.C. § 19-03.1-23 and unlawful possession of drug paraphernalia in violation of N.D.C.C. § 19-03.4-03 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Turcotte 2019 ND 90
Docket No.: 20190042
Filing Date: 4/8/2019
Case Type: DISCIPLINARY PROCEEDINGS (Civil)
Author: Per Curiam

Highlight: Attorney reprimanded.

Bearce, et al. v. Yellowstone Energy Development, LLC 2019 ND 89
Docket No.: 20180256
Filing Date: 3/22/2019
Case Type: CONTRACTS
Author: Jensen, Jon J.

Highlight: The proper remedy for fraud is recision of the contract.

Parties agreed to continue with the sale of the real property after failure of condition precedent.

Finding that a contract for deed was ambiguous required remand for interpretation of that contract for deed using extrinsic evidence.

A contract is ambiguous when reasonable arguments can be made for different positions on its meaning.

Interest of D.M.H. 2019 ND 88
Docket No.: 20180313
Filing Date: 3/21/2019
Case Type: JUVENILE LAW
Author: Per Curiam

Highlight: When awarding a guardianship, the district court must determine whether the parents should be awarded visitation. The district court may not delegate determination of a visitation schedule.

Estate of Brandt 2019 ND 87
Docket No.: 20180160
Filing Date: 3/18/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Jensen, Jon J.

Highlight: A personal representative is not precluded from filing petitions as an interested person in the supervised administration of an estate while simultaneously performing fiduciary duties to distribute property according to a will and the best interests of an estate.

A probate court has jurisdiction to determine title to property alleged to belong to an estate and the value of that property.

Petitions and accompanying documents filed with the probate court are deemed to include an oath or affirmation of truthfulness.

An appellate court reviews a final report and accounting allocating estate assets under an abuse-of-discretion standard.

State v. Hamre 2019 ND 86
Docket No.: 20180055
Filing Date: 3/18/2019
Case Type: ASSAULT
Author: Tufte, Jerod E.

Highlight: In considering a speedy trial claim, a district court must balance the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.

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