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 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 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. |
City of Fargo v. Wieland 2020 ND 170 Highlight: A district court’s order denying a request for post-judgment interest is affirmed. |
Interest of K.V. 2020 ND 169 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 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. |
Schroeder, et al. v. State 2020 ND 167 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. |
State v. Arends 2020 ND 166 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 Highlight: The district court abuses its discretion when it misinterprets or misapplies the law. |
A.R. Audit Services Inc. v. Young 2020 ND 164 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 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 Highlight: At a civil commitment hearing, the testimony and reports of an expert who conducted an examination are admissible. |
McCormick, et al. v. Fredericks 2020 ND 161 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. |
State v. Scott 2020 ND 160 Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy. |
Laufer v. Doe 2020 ND 159 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 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 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 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 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 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. |
Holter v. City of Mandan 2020 ND 152 Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property. |
City of Jamestown v. Schultz 2020 ND 154 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. |