New opinions: February 5, 2026 Thursday, February 5, 2026
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Garaas, et al. v. NDIC, et al. 2026 ND 25 Highlight: NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit. |
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UND v. Whelan, et al. 2026 ND 19 Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim. |
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Fargo Maple View v. Lofthus, et al. 2026 ND 26 Highlight: A district court's order denying a motion to change venue is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Holzworth v. Ortega Rivera, et al. 2026 ND 24 Highlight: A district court judgment awarding joint and equal residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of J.C. 2026 ND 28 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of S.C.Y. 2026 ND 28 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Torres-Sosa 2026 ND 22 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8). |
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Hughes v. Waters 2026 ND 20 Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d). |
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Adoption of M.L.P. 2026 ND 21 Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) |
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Interest of M.M. 2026 ND 27 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Haskins 2026 ND 23 Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy. |