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New opinions: July 30 Thursday, July 30, 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

Krile v. Lawyer 2020 ND 176
Docket No.: 20190367
Filing Date: 7/30/2020
Author: VandeWalle, Gerald W.

Highlight: In deciding a motion to dismiss under N.D.R.Civ.P. 12(b)(6), district courts may consider materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment under N.D.R.Civ.P. 56.

Communications made by a state’s attorney while performing an official duty as prescribed in N.D.C.C. § 11-16-01 are entitled to absolute privilege under N.D.C.C. § 14-02-05(1).

A communication made by a state’s attorney while performing his or her official duty to conduct criminal prosecutions under N.D.C.C. § 11-16-01(1) is absolutely privileged if made while performing an act or during an activity “intimately associated with the judicial phase of the criminal process.”

Disclosures made to an administrative agency, at the request of the agency, and during the course of a statutorily authorized investigation by the agency are absolutely privileged under N.D.C.C. § 14-02-05(2).

Sorum, et al. v. State, et al. 2020 ND 175
Docket No.: 20190203
Filing Date: 7/30/2020
Author: Tufte, Jerod E.

Highlight: Where the State has a legal obligation that becomes unenforceable by the passage of a statute of limitations, the Legislative Assembly may waive or extend the limitation period to revive a previously valid claim against the State without making a prohibited “donation” within the meaning of the gift clause.

An action brought by an individual as a taxpayer facially challenging a statute does not fail merely because the statute includes constitutional applications along with potentially unconstitutional applications.

Wald v. Wald 2020 ND 174
Docket No.: 20190159
Filing Date: 7/30/2020
Author: Tufte, Jerod E.

Highlight: A real property owner may testify about the value of the land without any further qualification or special knowledge.

A district court has broad equitable powers to redistribute property and debts in a postjudgment proceeding if a party fails to comply with an order or judgment.