Opinions

Anne Carlsen Center v. LeFevre, et al. 2025 ND 142
Docket No.: 20250168
Filing Date: 7/31/2025
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: A petition for supervisory writ is granted.

In ruling on a motion to compel, the district court must state the reasons for its conclusions with sufficient specificity to afford a clear understanding of its decision and allow for meaningful review.

The withholding party's burden to prove an asserted privilege or protection applies presumes a burden to submit the disputed documents for in-camera review in a form that is readily intelligible to the district court. If the district court is unable to discern the content of a document, it may require the withholding party to assist the court, including by providing a readable copy.

Section 50-25.1-11, N.D.C.C., designates as confidential a "report made under this chapter, as well as any other information obtained." Although "report made" and "information obtained" lack a subject, in context it is clear that the statute refers to reports made to the Department of Health and Human Services. Even if information in a document is later included in a report subject to N.D.C.C. ch. 50-25.1, it is the report and the other information obtained by the Department in association with that report that is confidential.

Documents do not become confidential or privileged by attaching them to a confidential report or privileged email. The lawyer-client privilege protects confidential communications themselves and not necessarily the facts underlying the communications.

A party asserting work-product privilege may not rely on "in anticipation of litigation" as magic words that automatically protect a disputed document from disclosure. The inchoate possibility, or even the likely chance of litigation, does not give rise to work product. To justify work product protection, the threat of litigation must be real and imminent.

Tamm v. Gatzke, et al. 2025 ND 141
Docket No.: 20250062
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: An easement implied from pre-existing use requires unity of title of the dominant and servient tenement and a subsequent severance; apparent, permanent, and continuous use; and, the easement must be important or necessary for the enjoyment of the dominant tenement.

An easement by necessity arises where there is a conveyance of a part of a tract of land of such nature and extent that either the part conveyed or the part retained is shut off from access to a road to the outer world by the land from which it is severed or by this land and the land of strangers.

A motion for judgment on the pleadings should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.

A motion for summary judgment is not an opportunity to conduct a mini-trial, and summary judgment is inappropriate if the court must draw inferences and make findings on disputed facts to support the judgment.

A party seeking an implied easement has the burden of proving the existence of the easement by clear and convincing evidence.

Interest of A.W. 2025 ND 140
Docket No.: 20250141
Filing Date: 7/31/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: An aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court to the supreme court by filing written notice of appeal within thirty days after entry of the order, judgment, or decree, or within any further time the supreme court grants, after entry of the order, judgment, or decree.

Interlocutory orders are appealable if it is deemed to be an appeal from a subsequently entered consistent final order or judgment.

The party requesting review of the findings and order of a judicial referee by a district court judge must give notice to all other parties. If a party is represented by counsel, all documents filed with the court must be signed by the attorney of record.

Issues not briefed on appeal are waived.

Juliuson v. Johnson, et al. 2025 ND 139
Docket No.: 20240338
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Issues not briefed are deemed abandoned.

A district court's decision on a motion under N.D.R.Civ.P. 50 to deny or grant judgment as a matter of law is based upon whether the evidence, when viewed in the light most favorable to the party against whom the motion is made, leads to but one conclusion as to the verdict about which there can be no reasonable difference of opinion.

A district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal.

The doctrine of an implied covenant of good faith and fair dealing is limited to the insured-insurer relationship.

A breach of contract, even if intentional, malicious, or in bad faith, does not give rise to a breach of contract claim or turn a breach of contract claim into a tort claim absent proof of independent tortious conduct.

State v. Erickstad 2025 ND 138
Docket No.: 20240300
Filing Date: 7/31/2025
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: A district court shall correct an illegal sentence at any time with notice.

A district court must provide notice to all parties before amending a sentence under N.D.R.Crim.P. 35(a)(2).

Rademacher v. State 2025 ND 137
Docket No.: 20250023
Filing Date: 7/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: Issues not raised in an application for postconviction relief cannot be raised for the first time on appeal.

"Fitness to proceed" and "lack of criminal responsibility" are separate and distinct concepts. The process for an examination or evaluation for fitness to proceed and lack of criminal responsibility differ.

Rule 52(a), N.D.R.Civ.P., requires, "In all actions tried upon the facts without a jury . . . the [district] court shall find the facts specially and state separately its conclusions of law."

A petitioner in a postconviction relief proceeding carries a heavy burden to establish a reasonable probability that, but for trial counsel's error, the result of the proceeding would have been different. Generally, a petitioner must provide more than conclusory allegations to meet that burden.

Liquid Hospitality v. Bd. of City Commissioners of the City of Fargo 2025 ND 136
Docket No.: 20240347
Filing Date: 7/31/2025
Case Type: Appeal - Administrative - Other
Author: Jensen, Jon J.

Highlight: A district court erred in finding Fargo Municipal Code § 25-1509.2 to be unconstitutionally vague.

Axvig, et al. v. Czajkowski, et al. 2025 ND 135
Docket No.: 20250004
Filing Date: 7/17/2025
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: A district court misinterpreted a contract for deed by allowing a party to proceed with a cancellation action without first providing the other party notice of the default and time to cure the default as required by the contract.

A remedy is the appropriate legal form of relief by which that remediable right ay be enforced. It is the form of relief by which the right is enforced and is not part of the cause of action.

Cancellation of the contract for deed is one remedy, which may be achieved by alternative methods: 1) a statutory cancellation under N.D.C.C. ch. 32-18; or 2) a court action.

Cancellation of a contract for deed by action is an action in equity, and the court must base its decision on equitable principles. In the absence of express terms specifying notice and redemption, an action for cancellation has a presumption that notice and redemption are appropriate and require specific findings weighing the equity of a notice and redemption period.

State v. Berkley 2025 ND 134
Docket No.: 20240351
Filing Date: 7/17/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Tufte, Jerod E.

Highlight: We interpret statutes to give meaning and effect to every word, phrase, and sentence, and do not adopt a construction which would render part of the statute mere surplusage. Our primary goal when interpreting statutes is to determine the Legislature's intended meaning.

If, after applying our statutory and doctrinal canons, the plain or ordinary language suggests two plausible and rational meanings, then the statute is ambiguous. When a statute is ambiguous, we may consider extrinsic aids, including legislative history, along with the language of the statute, to understand the Legislature's intended meaning.

Section 12.1-32-15(2), N.D.C.C., allows the court to deviate from the registration for "crimes against children" if the court first finds the individual has not previously been convicted as a sexual offender or for a crime against a child, and the individual did not exhibit mental abnormality or predatory conduct in the commission of the offense, unless the offense is described in section 12.1-29-02, or the offense is described in section 12.1-18-01 or 12.1-18-02 and the person is not the parent of the victim. The phrase "and the person is not the parent of the victim" applies to section 12.1-18-01 and 12.1-18-02, but not section 12.1-29-02.

State v. Solomon 2025 ND 133
Docket No.: 20250021
Filing Date: 7/17/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: Under the speedy trial statute, trials must begin within 90 days of invoking this right, unless the court finds "good cause" for delay. Courts consider four factors when determining good cause: (1) length of delay, (2) reason for delay, (3) whether the defendant asserted the right, and (4) prejudice to the defendant.

Even if a district court doesn't explicitly discuss these factors, we will uphold the court's decision if applying the factors would reach the same result.

It is unnecessary to seek judicial notice of matters outside the record to rebut allegations contrary to the existing record.