Opinions

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: The primary purpose of statutory interpretation is to determine legislative intent.

Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.

The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: HOMICIDE
Author: Per Curiam

Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 5/12/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: McEvers, Lisa K. Fair

Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.

Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.

Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.

Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court’s decision to award parenting time to a noncustodial parent is based on the child’s best interests and not the wishes of the parents.

This Court may rely on implied findings of fact when the record enables it to understand factual determinations made by the district court.

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: Per Curiam

Highlight: District court order discharging trustee, closing the trust, and concluding supervised administration is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: McEvers, Lisa K. Fair

Highlight: A district court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 is reviewed for an abuse of discretion.

A pre-filing order under N.D. Sup. Ct. R. 58 must be issued by the presiding judge of a judicial district, and the district court abuses its discretion if a pre-filing order is issued by any other judge.

Orders denying leave to file new motions or documents are not appealable.

If a court does not rule on a motion, it may be deemed denied.

An award of attorney’s fees and double costs on appeal is granted for frivolous arguments.

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: An order denying a motion to modify primary residential responsibility and an order denying a motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: LANDLORD/TENANT
Author: Jensen, Jon J.

Highlight: This Court adopts the two-part review articulated by the United States Supreme Court in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998) to determine whether land is a dependent Indian community and therefore Indian country.

The party challenging the state district court’s jurisdiction has the burden to prove the district court lacks jurisdiction.

A contractual provision, in itself, cannot establish subject matter jurisdiction with the tribal court.

Sauvageau, et al. v. Bailey, et al. 2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: WRIT OF SUPERVISION (Civil)
Author: Crothers, Daniel John

Highlight: This Court exercises its supervisory authority rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Quick take eminent domain offers a property owner less protection because the condemnor can take possession of the property before trial on the amount of just compensation due.

A water resource district may acquire an easement for a right of way for flood control projects by quick take eminent domain.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 85
Docket No.: 20210244
Filing Date: 4/28/2022
Case Type: ADMINISTRATIVE PROCEEDING
Author: Tufte, Jerod E.

Highlight: A person has standing to appeal from an order denying intervention.

The mere fact that the parties have reached a settlement agreement is not itself sufficient to deny a motion to intervene relating to issues collateral to the settlement agreement.

An administrative agency has statutory authority to issue a protection order if the agency acts as an administrative hearing officer.

A document subject to open records laws may be withheld from disclosure if the document or parts of the document fall within a statutory exemption.