Opinions

Galpin v. Cantina Holdings, et al. 2026 ND 54
Docket No.: 20250254
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court judgment awarding an earnest money deposit to the seller and dismissing the buyers' counterclaims for declaratory judgment, breach of contract, unjust enrichment, and conversion is affirmed.

Several contracts relating to the same matters between the same parties and made as parts of substantially one transaction are to be taken together. N.D.C.C. § 9-07-07.

When part of a contract is drafted under the special directions of the parties and the remainder is copied from a standard form, the specially drafted part controls over the standard form language; if the two are absolutely repugnant, the form language must be disregarded. N.D.C.C. § 9-07-16.

When a contract contains conflicting provisions, the resulting uncertainty is construed against the party who drafted the contract. N.D.C.C. § 9-07-19.

The later-in-time principle, under which inconsistent provisions in a later contract supersede those in an earlier contract, does not apply where the earlier agreement is expressly incorporated into the later one. An argument that a party breached the obligation of good faith during contractfor-deed negotiations does not affect the disposition of earnest money that had already become non-refundable before the allegedly objectionable conduct occurred.

Goetz v. Goetz, et al. 2026 ND 53
Docket No.: 20250193
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Divorce
Author: Tufte, Jerod E.

Highlight: District court did not clearly err in finding there was a material change in circumstances justifying modification of parenting time where parent with residential responsibility interfered with parenting time and was unwilling to accommodate reasonable exchange plans, the children and noncustodial parent desired to spend more time together, and the judgment contained uncertain exchange times, which caused conflict for the parties.

Under N.D.R.Ct. 8.13(a), the district court may conduct an in chambers interview of a child in a parenting time proceeding only if the parents consent.

Under N.D.C.C. § 14-09-06.3 and N.D.R.Ct. 8.6, the parenting investigator must file and serve her report before the evidentiary hearing, and must be available to testify at the hearing. A court abuses its discretion when it relies on the parenting investigator's report without having first provided the parties notice and an opportunity to cross-examine the parenting investigator on her report at the hearing.

Meridian Property Management v. Cordie, et al. 2026 ND 52
Docket No.: 20250344
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Highlight: The lack of a remedy for a statutory violation does not, in and of itself, render a statute ambiguous. Instead, it signals an intent by the legislature for the courts to apply a prejudice standard to a statutory violation.

Bedgar v. Wilson, et al. 2026 ND 51
Docket No.: 20250389
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: An admission of nonpayment of some, if not all, claimed obligations owed under a judgment can be enough to support a contempt finding. Remedial sanctions for contempt cannot be broader than necessary to address the specific contemptuous conduct, that is, the sanctions must be compensation for actual losses caused by the contempt or have a nexus to either compelling future compliance.

Nygaard v. Volker, et al. 2026 ND 50
Docket No.: 20250184
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A default judgment entered after the district court dismissed the answer and counterclaim as a discovery sanction is affirmed.

When a party fails to properly raise an issue or argument before the district court, it may not do so for the first time on appeal.

Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment. When a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment.

Klebe v. Klebe 2026 ND 49
Docket No.: 20250362
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court may determine a child support obligation based on earning capacity rather than earnings history.

The presiding judge of the judicial district, not the judge sought to be disqualified, determines the validity and timeliness of a demand for change of judge under N.D.C.C. § 29-15-21. However, when a demand for change of judge is untimely filed under N.D.C.C. § 29-15-21(2), the error in having the wrong judge rule on the demand is harmless under N.D.R.Civ.P. 61.

State v. Davis 2026 ND 48
Docket No.: 20250311
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: The Court will not consider an argument under obvious error review unless the appellant briefs the issue under the obvious error standard of review.

The district court did not abuse its discretion in admitting evidence of a prior conviction that was an element of the charged offense.

Christianson v. Grand Forks Public School District 2026 ND 47
Docket No.: 20250329
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A party's failure to comply with the contractual requirements can waive the party's ability to enforce the contractual requirements.

A teacher's separate contract for work performed outside the regular school day, that provides separate pay and different responsibilities from the duties of their teaching contract, is extracurricular.

Adoption of K.J.K. 2026 ND 46
Docket No.: 20250252
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Adoption
Author: Crothers, Daniel John

Highlight: A district court's findings in adoption cases are reviewed under the clearly erroneous standard.

A district court's denial of an adoption petition is reviewed for an abuse of discretion.

The district court found "red flags" surrounded the adoption, and finding adoption was not in K.J.K.'s best interest was not clearly erroneous.

The court did not abuse its discretion in denying the adoption petition.

State v. Medina 2026 ND 45
Docket No.: 20250178
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect individuals against unreasonable searches and seizures.

When an individual reasonably expects privacy in an area, the government, under the Fourth Amendment, must obtain a search warrant unless the intrusion falls within a recognized exception to the warrant requirement.

One exception to the warrant requirement is the automobile exception. Under the automobile exception, law enforcement may search for illegal contraband without a warrant when probable cause exists.

Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place.

Probable cause demands not that an officer be sure or certain but only that the facts available to a reasonably cautious man would warrant a belief that certain items may be contraband or stolen property or useful as evidence of a crime.

A police officer may draw inferences based on his own experience in deciding whether probable cause exists.