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New opinions: Jan. 28-29 Wednesday, January 29, 2020

The Supreme Court has issued three 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

Estate of Albrecht 2020 ND 27
Docket No.: 20190180
Filing Date: 1/29/2020
Case Type: PROBATE - WILLS - TRUSTS
Author: Tufte, Jerod E.

Highlight: The district court’s factual findings in a partition action will not be reversed on appeal, unless they are clearly erroneous.

The district court must consider the facts and circumstances of each case to determine ownership of personal property.

The district court has discretion to allow attorney’s fees and personal representative’s fees in probate cases.

Aftem Lake Developments Inc. v. Riverview Homeowners Assoc. 2020 ND 26
Docket No.: 20190221
Filing Date: 1/29/2020
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: A statutory dedication of property divests the donor of ownership in the property.

State v. Wickham 2020 ND 25
Docket No.: 20190144
Filing Date: 1/28/2020
Case Type: SEXUAL OFFENSE
Author: Crothers, Daniel John

Highlight: The district court did not obviously err by admitting fact testimony and by not stopping a witness from testifying by way of a mix of permissible lay opinion testimony and arguably impermissible expert opinion testimony.