Opinions

City of Fargo v. Wieland 2019 ND 286
Docket No.: 20190153
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: Flood control projects are a public use for eminent domain purposes.

In the absence of bad faith, gross abuse of discretion, or fraud by the condemning authority in its determination that the property sought is necessary for the authorized use and is pursuant to specific statutory authority, such determination should not be disturbed by the courts.

The question of greater necessity is for a court to resolve.

When no statutory remedy is provided for a statutory violation, the court looks to whether the victim of the violation was prejudiced because absent a showing of prejudice, a statutory violation is not reversible error.

Lebeau v. State 2019 ND 285
Docket No.: 20190165
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4).

State v. Dubois 2019 ND 284
Docket No.: 20190062
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court is authorized to revoke probation for a violation prior to expiration or termination of probation under N.D.C.C. § 12.1-32-07(6). A court has discretion in sentencing and need not explicitly reference the statutory sentence factors when fixing a sentence. Section 12.1-32-07(6), N.D.C.C., permits a district court to impose any sentence available at the initial time of sentencing upon revocation of probation. Issues not raised in the district court cannot generally be raised for the first time on appeal, absent obvious error.

State v. Pailing 2019 ND 283
Docket No.: 20190086
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A district court did not violate the defendant’s due process rights or abuse its discretion in overruling the defendant’s objection and denying the motion for mistrial concerning the State’s anecdote during closing argument.

State Tax Commissioner v. Bosset 2019 ND 282
Docket No.: 20190185
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Tax Realted
Author: Per Curiam

Highlight: A district court summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6) and (7).

Wilber v. Scaff 2019 ND 281
Docket No.: 20190196
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Continental Resources v. N.D. Dep't. of Environmental Quality 2019 ND 280
Docket No.: 20190087
Filing Date: 11/26/2019
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Where the legislature has deferred to an administrative agency’s expertise to develop rules, and has declined to provide clear direction on the substance of the rules to be developed, the “purely legal question” exception to the exhaustion of administrative remedies does not apply.

Saastad v. Saastad 2019 ND 279
Docket No.: 20190082
Filing Date: 11/25/2019
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

A district court’s decision on a motion for new trial or relief from judgment will not be reversed on appeal unless the district court abused its discretion.

A district court need not make findings of fact regarding financial need or ability to pay when ordering attorney’s fees as a sanction.

State v. Job 2019 ND 278
Docket No.: 20190116
Filing Date: 11/20/2019
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: A district court did not abuse its discretion in denying a motion to withdraw a guilty plea.

Matter of O.H.W. (CONFIDENTIAL) 2019 ND 277
Docket No.: 20190137
Filing Date: 11/20/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying a petition for discharge from commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).