Opinions

Wald v. Hovey, et al. 2022 ND 15
Docket No.: 20210280
Filing Date: 1/6/2022
Case Type: WRIT OF SUPERVISION (Civil)
Author: VandeWalle, Gerald W.

Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard.

Plaisimond v. State 2022 ND 14
Docket No.: 20210215
Filing Date: 1/6/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Beach 2022 ND 13
Docket No.: 20210077
Filing Date: 1/6/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: VandeWalle, Gerald W.

Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting.

Material portions of a holographic will express donative and testamentary intent.

A district court’s finding that the material portions of a holographic will were not in the testator’s handwriting is supported by the record and affirmed.

Armstrong v. Helms 2022 ND 12
Docket No.: 20210227
Filing Date: 1/6/2022
Case Type: OIL, GAS AND MINERALS
Author: Jensen, Jon J.

Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms.

State law is not preempted by federal law when the well operator can comply with both the state law and federal law.

The district court did not err in dismissing the claim as the plaintiff failed to exhaust his administrative remedies before bringing suit.

Matter of Shane Lance Yates 2022 ND 11
Docket No.: 20210193
Filing Date: 1/6/2022
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters.

Matter of Amy Jo Yates 2022 ND 11
Docket No.: 20210194
Filing Date: 1/6/2022
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters.

Brendel Construction v. WSI 2022 ND 10
Docket No.: 20210229
Filing Date: 1/6/2022
Case Type: WORKERS COMPENSATION
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons.

The information Workforce Safety and Insurance uses to calculate an employer’s liability must be indicative of the premiums the employer owes and sufficiently reliable to support the amount.

An ALJ’s finding that WSI used unreliable information to establish premium liability in this case is supported by the record and affirmed.

State v. Mayland 2022 ND 9
Docket No.: 20210213
Filing Date: 1/6/2022
Case Type: DUI/DUS
Author: Jensen, Jon J.

Highlight: The statutory remedy provided in N.D.C.C. § 39-20-01(a) is limited to administrative proceedings where the driver refused to take a chemical test.

Regardless of whether a driver was arrested, the statutory exclusionary rule does not apply in this case, a criminal proceeding where the driver took the chemical test.

Issues not raised at the district court will not be considered for the first time on appeal.

Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al. 2022 ND 8
Docket No.: 20210050
Filing Date: 1/6/2022
Case Type: OIL, GAS AND MINERALS
Author: Tufte, Jerod E.

Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute.

State v. Castleman 2022 ND 7
Docket No.: 20210011
Filing Date: 1/6/2022
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Tufte, Jerod E.

Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect.