Opinions

State, et al. v. Andres 2016 ND 90
Docket No.: 20150328
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: When a district court grants primary residential responsibility, it must calculate child support obligations for each parent assuming the other parent has primary residential responsibility for the child.
A district court's parenting must include the child's legal residence for school purposes and transportation and exchange information or provide an explanation for the omission.

Interest of Thill (cross-reference w/ 20130291 & 20150147) 2016 ND 89
Docket No.: 20160047
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Trower 2016 ND 88
Docket No.: 20150306
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Possession of stolen property and fleeing or attempting to elude a police officer convictions summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Schmuck v. Schmuck 2016 ND 87
Docket No.: 20150210
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In determining whether to award spousal support, a party's need for support is not dispositive, and the district court must also consider whether the other party has an ability to pay.
A district court need not retain jurisdiction over spousal support when there is no evidence a party sacrificed a career that would have led to greater future income or when a party's education was interrupted or terminated to accommodate the other's career track.

Kapple v. N.D. Dep't of Transportation 2016 ND 86
Docket No.: 20160029
Filing Date: 5/26/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment reversing an administrative hearing officer's decision revoking driving privileges is summarily reversed under N.D.R.App.P. 35.1(b).

The Next Step v. Redmon 2016 ND 85
Docket No.: 20150333
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Unless an exception applies, an unincorporated associations are incapable of holding title to real property because they are not legal entities.

Valentina Williston, LLC v. Gadeco, LLC 2016 ND 84
Docket No.: 20150180
Filing Date: 4/21/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: When an oil and gas lease does not provide how the parties may modify its terms, the parties may alter the lease by a contract in writing, or by an executed oral agreement, and not otherwise.
For the doctrine of promissory estoppel to apply, a party must establish a promise which the promisor should reasonably expect will cause the promisee to change his position, a substantial change of the promisee's position through action or forbearance, justifiable reliance on the promise, and injustice which can be avoided only by enforcing the promise.
The doctrine of promissory estoppel is inapplicable when there is no promise or agreement between the parties.
The promise must be clear, definite, and unambiguous as to essential terms before the doctrine of promissory estoppel may be invoked to enforce an agreement.
A promise is too indefinite for reasonable enforcement when a party retains the right to determine the extent of his performance.

Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291, 2016 ND 83
Docket No.: 20160006
Filing Date: 4/18/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt.
A district court may dismiss a meritless motion to initiate contempt proceedings on its own initiative.

Gray v. Berg 2016 ND 82
Docket No.: 20150305
Filing Date: 4/18/2016
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A party claiming bias must present more than general allegations amounting to nothing more than dissatisfaction with unfavorable court rulings.
A party commits civil trespass by entering land in possession of another, or causing a third party or thing to do so, without consent or privilege.
A district court concluding a claim is frivolous does not make an appeal on the claim frivolous.

Langwald v. Langwald 2016 ND 81
Docket No.: 20150222
Filing Date: 4/15/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In a divorce proceeding, a district court's valuation and distribution of marital property will not be reversed on appeal unless clearly erroneous.
In calculating a parent's child support obligation, the district court must clearly set forth how it arrived at a net income figure.