New opinions: May 7, 2026 Thursday, May 7, 2026
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State v. Leland, et al. 2026 ND 99 Highlight: North Dakota Century Code § 47-06-10 applies when a stream, "in forming itself a new arm divides itself and surrounds land" belonging to the owner of the shore. The statute provides no other condition. |
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BEK Communications v. El-Dweek, et al. 2026 ND 98 Highlight: When considering whether a failure to disclose information covered by North Dakota's journalist shield statute should be disclosed to prevent a miscarriage of justice, a district court does not abuse its discretion by ordering an in camera review of the information before determining whether a miscarriage of justice will occur, and can apply the balancing test set out in Grand Forks Herald v. District Court in and for Grand Forks County, 322 N.W.2d 850 (N.D. 1982), after conducting the in camera review and before ordering the disclosure of any |
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City of Bismarck v. Herrera 2026 ND 97 Highlight: Probable cause is not an element of a test refusal offense under N.D.C.C. § 39-08-01. The existence of probable cause to arrest is a question of law subject to challenge in a pre-trial motion to suppress, rather than an issue of fact for a jury to decide. |
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Interest of Hoff 2026 ND 96 Highlight: A district court's order continuing commitment of a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Hernandez 2026 ND 95 Highlight: If a DUI arrestee, upon being asked to submit to a chemical test, affirmatively asks or expresses a need to consult an attorney, failure to allow a reasonable opportunity to contact an attorney is not an affirmative refusal. |
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Stokka v. Stokka, et al. 2026 ND 94 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8). Double costs and fees are awarded. |
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Energy Transfer, et al. v. Gion, et al. 2026 ND 93 Highlight: A North Dakota district court has inherent equitable authority, preserved by the state constitution and statutes, to enjoin a person subject to its personal jurisdiction from prosecuting a duplicative or collateral proceeding in a foreign forum. |
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Lepird Drywall v. Elite Flooring Installations 2026 ND 92 Highlight: Whether an oral contract exists, the extent of its terms, and whether a party substantially performed are questions of fact reviewed under the clearly erroneous standard. |
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Baumgartner v. NDDOT 2026 ND 91 Highlight: A district court judgment affirming a hearing officer's decision revoking driving privileges for 180 days is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |