Opinions

Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al. 2020 ND 12
Docket No.: 20190127
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Any person who is directly interested in the proceedings before an administrative agency, who is factually aggrieved by the decision of the agency, and who participates in the proceedings before the agency is a party and has standing to appeal from the decision of the agency.

Standing does not extend to merely nominal parties who are not aggrieved.

Appellate review of PSC findings of fact is limited to whether a reasoning mind reasonably could have determed that the factual conclusions reached were proven by the weight of the evidence from the entire record.
We review an administrative law judge’s denial of a petition to intervene under the same standard as we review an agency’s decision.

Simply having a substantial interest in or being substantially affected by the outcome of an agency proceeding is not a showing of good cause to intervene late.

Cook v. Cook, et al. 2020 ND 11
Docket No.: 20190145
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Technical violations of a court order do not necessarily require a finding of contempt.
A court is not required to make an explicit finding of contempt when no further remedy would result and the only purpose would be to taint the alleged contemnor.
When a matter is left to the broad discretion of the district court, it is envisioned there is a broad range of factual scenarios in which the court is left to make its choice, and whichever choice it makes will be upheld on appeal.

Reineke v. N.D. Dep't of Transportation 2020 ND 10
Docket No.: 20190250
Filing Date: 1/23/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Suspension of a driver's license must be done in accordance to law.

Gustafson v. Poitra, et al. 2020 ND 9
Docket No.: 20190230
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: The appellants did not meet their burden under either Montana exception and did not explain how a district court is divested of subject matter jurisdiction by granting a remedy that may not be enforceable. The district court judgment is affirmed.

Presswood v. Runyan 2020 ND 8
Docket No.: 20190261
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: The right to appeal is jurisdictional and, if we conclude we do not have jurisdiction, we will dismiss an appeal on our own motion.

A judgment granting a divorce while reserving other issues for later determination is not final judgment for the purpose of an appeal, unless the district court has certified the judgment as final pursuant to N.D.R.Civ.P. 54(b).

Jarvis v. WSI 2020 ND 7
Docket No.: 20190218
Filing Date: 1/23/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: An appeal to a district court from a post-hearing administrative order is governed by N.D.C.C. ch. 65-10 and N.D.C.C. ch. 28-32.

Failure to satisfy the statutory requirements for initiating an appeal to the district court from an administrative decision prevents the district court from obtaining subject matter jurisdiction over the appeal.

McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al. 2020 ND 6
Docket No.: 20190140
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The statute of frauds does not bar a deceit claim made by a third party to an unenforceable contract, who is not seeking to enforce the alleged agreement.

Aldinger v. Aldinger 2020 ND 5
Docket No.: 20190226
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Judgment affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).
Errors and defects that do not affect a party’s substantial rights are harmless errors and are not grounds for disturbing the judgment or order.

Behm v. Behm 2020 ND 4
Docket No.: 20190207
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gabel v. Thompson 2020 ND 3
Docket No.: 20190295
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).