Opinions

City of Fargo v. Roehrich 2021 ND 145
Docket No.: 20210023
Filing Date: 8/5/2021
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Whether a law is unconstitutional is a question of law, which is fully reviewable on appeal.

Municipal harassment ordinance is not unconstitutionally vague on its face or as applied to defendant.

Bilger v. Bilger 2021 ND 144
Docket No.: 20210072
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal.

Under the Servicemembers Civil Relief Act, a servicemember may apply for a stay of the action if the requirements of military duty affects the servicemember’s ability to appear.

Bearce v. Yellowstone Energy Development 2021 ND 143
Docket No.: 20210010
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Where you have a closely held company, the law imposes a fiduciary duty upon the governors and majority shareholders to act in good faith, and affords remedies to minority shareholders if those in control act fraudulently, illegally, or in a manner unfairly prejudicial toward any shareholder.

The date a person acquires interest in a company is a question of fact reviewed under the clearly erroneous standard.

Matter of Emelia Hirsch Trust 2021 ND 142
Docket No.: 20210144
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: An order denying a motion to vacate an order reforming a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (7).

Matter of Emelia Hirsch Trust 2021 ND 142
Docket No.: 20210144
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

State v. Cochran 2021 ND 141
Docket No.: 20200355
Filing Date: 8/5/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: Law enforcement may not search an individual’s home without a warrant unless the search falls within one of the recognized exceptions to the warrant requirement. Under the common-area, co-occupant consent exception, a co-occupant of a shared residence may consent to searches of the common areas of the residence.

This Court will not set aside a district court’s decision simply because the court may have applied an incorrect reason if the result is the same under the correct law and reasoning.

Dwyer v. Sell, et al. 2021 ND 139
Docket No.: 20200188
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: General rules of interpretation of written instruments apply to the construction of trust documents.

When a trust agreement is unambiguous, the settlor’s intent is ascertained from the language of the agreement itself.

Under N.D.C.C. § 47-05-17, the right of access to land to hunt game animals or game birds may not be severed from the surface estate.

In the Matter of the Adoption of M.E. (CONFIDENTIAL) 2021 ND 138
Docket No.: 20210172
Filing Date: 7/29/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights in connection with a petition for adoption is summarily affirmed under N.D.R.AppP. 35.1(a)(2) and (4).

In the Matter of the Adoption of M.E. (CONFIDENTIAL) 2021 ND 138
Docket No.: 20210172
Filing Date: 7/29/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

State v. Schmidt, et al. 2021 ND 137
Docket No.: 20210156
Filing Date: 7/22/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: Rule 32(c)(2), N.D.R.Crim.P., does not provide the district court with authority to order that defense counsel be allowed to be present for a psycho-sexual evaluation. The district court has no authority under section 12.1-01-04(26), N.D.C.C., to order the Department of Human Services to allow defense counsel to be present during such an evaluation. A defendant’s Sixth Amendment right to counsel is satisfied when defense counsel is given notice and an opportunity to consult with the defendant prior to the evaluation.