New opinions: Aug. 27 Thursday, August 27, 2020
The Supreme Court has issued 10 new opinions. The summaries are below.
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.
See other Supreme Court opinions at: /supreme-court/opinions
City of West Fargo v. Olson, et al. 2020 ND 188 Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists. |
Muhlbradt, et al. v. Pederson, et al. 2020 ND 187 Highlight: Deeds are construed in the same manner as contracts with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent. |
Kvande v. Thorson 2020 ND 186 Highlight: Laches is the delay in enforcing a person’s rights that disadvantages another, and a party asserting laches must prove he was so prejudiced during the delay that he cannot be restored to status quo. |
City of Glen Ullin, et al. v. Schirado, et al. 2020 ND 185 Highlight: A district court’s application of res judicata to claims concerning rights to real property is partially affirmed and partially reversed. |
Koffler v. Koffler 2020 ND 184 Highlight: A child support obligor’s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification of a child support obligation. |
State v. M.J.W. 2020 ND 183 Highlight: Section 12-60.1-02(1)(a), N.D.C.C., authorizes an individual to petition the district court to seal a criminal record only when the individual had not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation. |
Woodrock, et al. v. McKenzie Cty. 2020 ND 182 Highlight: A contract to supply aggregate materials to a county stockpile is not a contract for the “construction of a public improvement” under N.D.C.C. ch. 48-01.2. |
Gimbel v. Magrum, et al. 2020 ND 181 Highlight: A district court judgment determining real estate was not acquired by adverse possession or acquiescence is affirmed. |
Instasi v. Hiebert 2020 ND 180 Highlight: A court of this state may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum. |
Wilkinson, et al. v. Board of University and School Lands of the State of N.D. 2020 ND 179 Highlight: Chapter 61-33.1, N.D.C.C., governs the State’s sovereign land mineral ownership of the riverbed segments subject to inundation by the Pick-Sloan Missouri basin project dams and provides a process for determining ownership and returning funds incorrectly paid to the State. |