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New opinions: July 22-23 Thursday, July 23, 2020

The Supreme Court has issued 21 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

Hess Bakken Investments II, et al. v. AgriBank, et al. 2020 ND 172
Docket No.: 20190352
Filing Date: 7/23/2020
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

Highlight: The term “actual drilling operations,” as used in continuous drilling clauses in two oil and gas leases, is ambiguous as a matter of law.

Fredericks, et al. v. Vogel Law Firm, et al. 2020 ND 171
Docket No.: 20190272
Filing Date: 7/22/2020
Case Type: CONTRACTS
Author: VandeWalle, Gerald W.

Highlight: Res judicata prevents relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties or their privies.

A party with a single cause of action generally may not split that cause of action and maintain several lawsuits for different parts of the action.

City of Fargo v. Wieland 2020 ND 170
Docket No.: 20200100
Filing Date: 7/22/2020
Case Type: REAL PROPERTY
Author: Jensen, Jon J.

Highlight: A district court’s order denying a request for post-judgment interest is affirmed.

Neither N.D.C.C. §§ 32-15-29 nor 32-15-30 provide for post-judgment interest on an award in an eminent domain proceedings subsequent to the political subdivision’s deposit of the full amount of the judgment in court.

Interest of K.V. 2020 ND 169
Docket No.: 20190275
Filing Date: 7/22/2020
Case Type: JUVENILE LAW (Criminal)
Author: McEvers, Lisa K. Fair

Highlight: This Court defers to a juvenile court’s assessment of credibility, but if the court does not make specific findings, this Court is left to speculate as to the law and facts the court relied on in denying a motion.

Beam v. WSI, et. al. 2020 ND 168
Docket No.: 20200067
Filing Date: 7/22/2020
Case Type: WORKERS COMPENSATION
Author: VandeWalle, Gerald W.

Highlight: A party appealing a hearing officer’s decision must file “reasonably specific” specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed.

A rehabilitation plan is appropriate if it meets the requirements of N.D.C.C. ch. 65-05.1 and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.

An ALJ’s decision was supported by evidence from which a reasoning mind could have reasonalby concluded WSI’s rehabilitation plan would return Beam to substantial gainful employment in light of his injuries.

Schroeder, et al. v. State 2020 ND 167
Docket No.: 20190374
Filing Date: 7/22/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Tufte, Jerod E.

Highlight: The State is immune from liability for claims relating to an injury directly or indirectly caused by the performance of a public duty, including the State’s duty to maintain the interstate and keep it in good and safe condition for general public use.

The State is immune from liability for claims resulting from a snow or ice condition on a highway except when the snow or ice condition was affirmatively caused by a state employee’s negligent act.

State v. Arends 2020 ND 166
Docket No.: 20190373
Filing Date: 7/22/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A district court order revoking probation and second criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Varty v. Varty 2020 ND 165
Docket No.: 20190391
Filing Date: 7/22/2020
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: Crothers, Daniel John

Highlight: The district court abuses its discretion when it misinterprets or misapplies the law.

A finding of unconscionability under Rule 60(b)(6) of the North Dakota Rules of Civil Procedure requires balancing procedural and substantive findings, and must analyze whether the judgment as a whole was so one-sided and created hardship that relief was required

A.R. Audit Services Inc. v. Young 2020 ND 164
Docket No.: 20200064
Filing Date: 7/22/2020
Case Type: DEBTOR/CREDITOR
Author: Per Curiam

Highlight: District court order denying motion for relief under N.D.R.Civ.P. 60(b)(1) is summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Lindquist 2020 ND 163
Docket No.: 20200022
Filing Date: 7/22/2020
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: A criminal judgment and an order denying a motion to suppress are affirmed under N.D.R.App.P. 35.1(a)(2),(7).

Interest of Skorick 2020 ND 162
Docket No.: 20190349
Filing Date: 7/22/2020
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: VandeWalle, Gerald W.

Highlight: At a civil commitment hearing, the testimony and reports of an expert who conducted an examination are admissible.

A harmless error is one that does not affect a party’s substantial rights.

McCormick, et al. v. Fredericks 2020 ND 161
Docket No.: 20190254
Filing Date: 7/22/2020
Case Type: CONTRACTS
Author: Crothers, Daniel John

Highlight: Jury instructions should fairly inform the jury of the law applicable to the case and fairly cover the claims made by both sides of the case. Jury instructions are reviewed as a whole, and are sufficient if they correctly advise the jury of the law.

A district court’s decision on whether to disqualify a law firm or a lawyer is reviewed for an abuse of discretion.

A court may order judicial supervision of the winding up of a dissolved limited liability company on a member’s application and showing of good cause.

State v. Scott 2020 ND 160
Docket No.: 20190317
Filing Date: 7/22/2020
Case Type: SEXUAL OFFENSE
Author: McEvers, Lisa K. Fair

Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy.

The defense of double jeopardy is not presentable to the jury unless there is a question of fact.

Rule 803(24), N.D.R.Ev., which provides an exception to certain hearsay statements made by a child about sexual abuse, does not apply to non-hearsay testimony.

Laufer v. Doe 2020 ND 159
Docket No.: 20200001
Filing Date: 7/22/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Crothers, Daniel John

Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18.

State v. Metz 2020 ND 158
Docket No.: 20200023
Filing Date: 7/22/2020
Case Type: THEFT
Author: Per Curiam

Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Banyee 2020 ND 157
Docket No.: 20180251
Filing Date: 7/22/2020
Case Type: THEFT
Author: Per Curiam

Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Harrison v. State 2020 ND 156
Docket No.: 20200070
Filing Date: 7/22/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Helm 2020 ND 155
Docket No.: 20190325
Filing Date: 7/22/2020
Case Type: DUI/DUS
Author: Crothers, Daniel John

Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court.

Norby v. Hinesley, et al. 2020 ND 153
Docket No.: 20190337
Filing Date: 7/22/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may relocate out-of-state with a child.

Holter v. City of Mandan 2020 ND 152
Docket No.: 20190277
Filing Date: 7/22/2020
Case Type: ADMINISTRATIVE PROCEEDING
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

City of Jamestown v. Schultz 2020 ND 154
Docket No.: 20190359
Filing Date: 7/22/2020
Case Type: DUI/DUS
Author: Jensen, Jon J.

Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test.