To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
Dixon v. Dixon 2022 ND 90 Docket No.: 20210294 Filing Date: 4/28/2022 Case Type: PROBATE - WILLS - TRUSTS Author: Per Curiam
Highlight: District court order discharging trustee, closing the trust, and concluding supervised administration is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Matter of Emelia Hirsch Trust 2022 ND 89 Docket No.: 20210324 Filing Date: 4/28/2022 Case Type: PROBATE - WILLS - TRUSTS Author: McEvers, Lisa K. Fair
Highlight: A district court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 is reviewed for an abuse of discretion.
A pre-filing order under N.D. Sup. Ct. R. 58 must be issued by the presiding judge of a judicial district, and the district court abuses its discretion if a pre-filing order is issued by any other judge.
Orders denying leave to file new motions or documents are not appealable.
If a court does not rule on a motion, it may be deemed denied.
An award of attorney’s fees and double costs on appeal is granted for frivolous arguments.
Eckroth v. Eckroth, et al. 2022 ND 88 Docket No.: 20220007 Filing Date: 4/28/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam
Highlight: An order denying a motion to modify primary residential responsibility and an order denying a motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
Highlight: This Court adopts the two-part review articulated by the United States Supreme Court in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998) to determine whether land is a dependent Indian community and therefore Indian country.
The party challenging the state district court’s jurisdiction has the burden to prove the district court lacks jurisdiction.
A contractual provision, in itself, cannot establish subject matter jurisdiction with the tribal court.
Sauvageau, et al. v. Bailey, et al. 2022 ND 86 Docket No.: 20220080 Filing Date: 4/28/2022 Case Type: WRIT OF SUPERVISION (Civil) Author: Crothers, Daniel John
Highlight: This Court exercises its supervisory authority rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.
Quick take eminent domain offers a property owner less protection because the condemnor can take possession of the property before trial on the amount of just compensation due.
A water resource district may acquire an easement for a right of way for flood control projects by quick take eminent domain.
Highlight: A person has standing to appeal from an order denying intervention.
The mere fact that the parties have reached a settlement agreement is not itself sufficient to deny a motion to intervene relating to issues collateral to the settlement agreement.
An administrative agency has statutory authority to issue a protection order if the agency acts as an administrative hearing officer.
A document subject to open records laws may be withheld from disclosure if the document or parts of the document fall within a statutory exemption.
Highlight: An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).
The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.
Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.
A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.
When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.
Highlight: A local governing body’s decision on tax rebate and abatement applications is reviewed under the arbitrary, capricious, or unreasonable standard.
Applications for abatement or refund of property taxes must be filed in the office of the county auditor on or before November first of the year following the year in which the tax becomes delinquent.
Taxpayer’s applications for abatement or refund of property taxes which were not filed before November first of the year following the year in which the taxes became delinquent were untimely.
