Opinions

Burr v. N.D. State Board of Dental Examiners 2021 ND 31
Docket No.: 20200219
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Personal Injury
Author: Tufte, Jerod E.

Highlight: The test we apply when determining governmental liability and discretionary acts distinguishes between immune discretionary acts and non-immune ministerial acts. In examining the nature of the challenged conduct, the first inquiry a court must consider is whether the action is a matter of choice for the acting employee. Even if ‘the challenged conduct involves an element of judgment or choice, the second inquiry a court must consider is whether that judgment or choice is of the kind that the discretionary function exception was designed to shield.

Oden v. Minot Builders Supply, et al. 2021 ND 30
Docket No.: 20200187
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Foreign judgments are not entitled to full faith and credit under certain circumstances such as when the rendering court lacks jurisdiction.

Res judicata, or claim preclusion, prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies even if the subsequent claim is based on a different legal theory.

The court was not precluded from giving another judgment res judicata effect because the judgment was final and remained final regardless of a pending appeal.

Grand Prairie Agriculture v. Pelican Township Board of Supervisors 2021 ND 29
Docket No.: 20200226
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: A township’s decision on a petition for approval of a proposed site for an animal feeding operation may be reversed on appeal if the township misinterprets or misapplies the law.

Under N.D.C.C. § 58-03-11.1, townships only have authority to regulate the setback distance between an animal feeding operation and the nearest residence, building used for nonfarming or nonranching purposes, or land zoned for residential, commercial, or recreational purposes.

Whetsel v. State 2021 ND 28
Docket No.: 20200262
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Once the State has responded to a petition for post-conviction relief, sua sponte summary disposition by the court is no longer available, and the State is required to move for summary disposition.

A petitioner is entitled to a fourteen-day window to respond to a request for dismissal of their petition for post-conviction relief.

Thompson-Widmer v. Larson, et al. 2021 ND 27
Docket No.: 20200173
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A publication or communication must be false to be defamatory.

Fulfilling an open records request is a privileged communication and not subject to liability for defamation.

McClintock v. NDDOT 2021 ND 26
Docket No.: 20200164
Filing Date: 2/18/2021
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: To facilitate compliance with statutory requirements and the foundational element requiring a test be fairly administered, the state toxicologist has established approved methods for administering chemical breath tests.

The approved method for the Intoxilyzer 8000 requires that the device must be installed by a field inspector prior to use.

State v. Spillum 2021 ND 25
Docket No.: 20200156
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: If a motion for judgment of acquittal was made at trial on specified grounds, and those grounds did not include the claim on appeal, the defendant does not preserve that issue for this Court’s review.

The existence of an arrest warrant does not convert a noncustodial situation into a custodial one.

Davis v. Davis, et al. 2021 ND 24
Docket No.: 20200162
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Failure to provide a non-moving party the allotted time to respond under N.D.R.Ct. 3.2(a)(2) is a misapplication of law.

Judgment may be overturned under Rule 60(b) where a motion is promptly made, the grounds of the motion satisfy the requirements of Rule 60(b), and an answer that appears to assert a meritorious defense is presented.

Stoddard v. Singer 2021 ND 23
Docket No.: 20200157
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s findings of fact will not be reversed on appeal unless clearly erroneous.

District court findings based on assessment of witness credibility are given deference.

Upon the showing of a prima facie case under a psychological parent claim, the movant is entitled to an evidentiary proceeding.

A district court’s decision whether to appoint a parenting investigator is discretionary and will not be reversed absent an abuse of discretion.

The standard of review in determining whether a district court erred in delaying a hearing on an emergency motion under Rule 8.2, N.D.R.Ct., is abuse of discretion.

Estate of Johnson 2021 ND 22
Docket No.: 20200142
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: In an informal, unsupervised probate, an order settling all claims of one claimant is final, even if there are pending claims by other claimants.

This Court does not consider questions not presented to the trial court nor arguments inadequately articulated, supported, and briefed.