Opinions

Northern Oil & Gas, Inc. v. Creighton, et al. 2013 ND 73
Docket No.: 20120420
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Deciding an issue on a motion for summary judgment is not appropriate if there are disputed factual issues or if reasonable differences of opinion exist as to the inferences to be drawn from the undisputed facts.
Reformation of a contract is not permitted if it cannot be done without prejudice to the rights acquired by a third person in good faith and for value.
A good-faith purchaser must acquire rights without actual or constructive notice of another's rights.

Gadeco v. Industrial Commission, et al. (cross-ref. w/20110131 & 20110140) 2013 ND 72
Docket No.: 20120344
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: The Industrial Commission has discretion to evaluate compliance with the requirements for an invitation to participate in the costs of drilling a well.
An election to participate in the costs of drilling a well must be received by the owner giving the invitation to participate within 30 days of the participating party's receipt of the invitation.

Dieterle v. Dieterle 2013 ND 71
Docket No.: 20120329
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court need not make separate findings of fact for each of the best-interest factors, a court's findings regarding one factor may be applicable to another factor, and a court need not consider irrelevant factors in its decision on primary residential responsibility for a child.
Allowing neutral individuals to resolve disputes between the parties, so long as access by the parties to the district court is allowed for ultimate resolution of the dispute, is not an improper delegation of judicial power.
Adverse rulings alone are not evidence of judicial bias or partiality.
Appellate briefs must contain references to the evidentiary record supporting statements of disputed facts.

Waslaski v. State (cross-reference w/ 20120257) 2013 ND 70
Docket No.: 20120342
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A motion for reconsideration is not a formally recognized motion and is not one of the enumerated appealable orders.
In appropriate circumstances, a motion for reconsideration may be treated as a motion to alter or amend a judgment or a motion for relief from a judgment or order.

Jassek v. Workforce Safety and Insurance 2013 ND 69
Docket No.: 20110225
Filing Date: 5/14/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: A binding dispute resolution decision under N.D.C.C. 65-02-20 requested by a medical provider concerning a request for treatment is not appealable to the district court.

Interest of Hoff 2013 ND 68
Docket No.: 20120248
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: A district court's decision whether to require an individual to be restrained during a civil commitment proceeding is reviewed for an abuse of discretion.
An individualized determination that restraints are necessary must be made after an individual requests that the restraints be removed. Restraints should not exceed what the particular situation requires.
The determination whether restraints are necessary requires an individualized determination on the record of the individual's record, temperament, and desperateness of his situation; the security situation at the courtroom and courthouse; the individual's physical condition; and whether there was an adequate means of providing security that was less prejudicial.
A district court abuses its discretion when it fails to make an independent assessment whether to require an individual to remain restrained during a civil commitment hearing.

Steen v. State (consolidated w/20120399 - 20120402) 2013 ND 67
Docket No.: 20120398
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from order denying application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Ennen v. State (cross-reference with 20110003) 2013 ND 66
Docket No.: 20120408
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An appeal from an order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.P. (Confidential) (consolidated with 20130057 & 20130058) 2013 ND 65
Docket No.: 20130048
Filing Date: 5/14/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court judgments terminating a mother's parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Waslaski v. State 2013 ND 64
Docket No.: 20120453
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).