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Trenton Indian Housing Authority v. Poitra, et al.
2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.
Sauvageau, et al. v. Bailey, et al.
2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John
Highlight: This Court exercises its supervisory authority rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.
Quick take eminent domain offers a property owner less protection because the condemnor can take possession of the property before trial on the amount of just compensation due.
A water resource district may acquire an easement for a right of way for flood control projects by quick take eminent domain.
Sauvageau, et al. v. Bailey, et al.
2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.
2022 ND 85
Docket No.: 20210244
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.
Highlight: A person has standing to appeal from an order denying intervention.
The mere fact that the parties have reached a settlement agreement is not itself sufficient to deny a motion to intervene relating to issues collateral to the settlement agreement.
An administrative agency has statutory authority to issue a protection order if the agency acts as an administrative hearing officer.
A document subject to open records laws may be withheld from disclosure if the document or parts of the document fall within a statutory exemption.
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.
2022 ND 85
Docket No.: 20210244
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.
2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
Highlight: An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).
The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.
Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.
A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.
When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.
Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.
2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
Hudye Group v. Ward Cty. Bd. of Commissioners
2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald
Highlight: A local governing body’s decision on tax rebate and abatement applications is reviewed under the arbitrary, capricious, or unreasonable standard.
Applications for abatement or refund of property taxes must be filed in the office of the county auditor on or before November first of the year following the year in which the tax becomes delinquent.
Taxpayer’s applications for abatement or refund of property taxes which were not filed before November first of the year following the year in which the taxes became delinquent were untimely.
Hudye Group v. Ward Cty. Bd. of Commissioners
2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald
Bridges v. State (consolidated w/20210352)
2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: Orders summarily dismissing applications for postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).
