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New opinions: Nov. 25-26 Wednesday, November 27, 2019

The Supreme Court has issued two new opinions. Summaries of the opinions are below.

To see an opinion, click on the "View Opinion" button. Opinions will display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in the 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

Continental Resources v. N.D. Dep't. of Environmental Quality 2019 ND 280
Docket No.: 20190087
Filing Date: 11/26/2019
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: Where the legislature has deferred to an administrative agency’s expertise to develop rules, and has declined to provide clear direction on the substance of the rules to be developed, the “purely legal question” exception to the exhaustion of administrative remedies does not apply.

Saastad v. Saastad 2019 ND 279
Docket No.: 20190082
Filing Date: 11/25/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

A district court’s decision on a motion for new trial or relief from judgment will not be reversed on appeal unless the district court abused its discretion.

A district court need not make findings of fact regarding financial need or ability to pay when ordering attorney’s fees as a sanction.