Opinions

Guardianship/Conservatorship of M.J.K. 2018 ND 235
Docket No.: 20180058
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: District Court’s finding that the ward fails to make a prima facie case to terminate guardianship is summarily affirmed under N.D.App.P. 35.1(a)(2) and (7).

Constitutional issues not pursued in the district court cannot be raised for the first time on appeal.

McGath v. Waide 2018 ND 234
Docket No.: 20180159
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Prairie Winds Apartments 1, LLC v. Stark County Board of Commissioners (cons 2018 ND 233
Docket No.: 20180149
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: To properly appeal a board of county commissioners’ decision relating to tax matters, a landowner must file a notice of appeal on a board member and the state tax commissioner within thirty days of the board’s decision.

Vacancy in Judgeship No. 2, East Central Judicial District 2018 ND 232
Docket No.: 20180334
Filing Date: 10/18/2018
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Knapp v. Commissioner of Minnesota Department of Revenue, et al. 2018 ND 231
Docket No.: 20180013
Filing Date: 10/15/2018
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A court may issue a writ of prohibition to prevent an inferior tribunal from acting without or in excess of jurisdiction when there is no plain, speedy, and adequate remedy in the ordinary course of law.

State v. Schlieve 2018 ND 230
Docket No.: 20180108
Filing Date: 10/11/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment revoking probation and sentencing defendant to five years imprisonment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Brown (consol. w/ 20180092) 2018 ND 229
Docket No.: 20180091
Filing Date: 10/10/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A district court decision to dismiss a criminal charge is reviewed for abuse of discretion.

An exception to the definition of “manufacturing” exists when “preparation” or “compounding” of a controlled substance is done by an individual for the individual's own use. But “preparation” and “compounding” are only two of six statutory methods of manufacturing a controlled substance. The remaining four acts of “manufacturing” are “production,” “propagation,” “conversion,” or “processing.” Each of the remaining four acts can be done by an individual for individual use and still meet the statutory definition of “manufacturing.”

At a preliminary hearing, the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred.

The element of intent rarely is established by direct evidence, and is a question for the jury if there is sufficient evidence to support an inference of the required intent.

Cass County Joint Water Resource District v. Erickson, et al. 2018 ND 228
Docket No.: 20180028
Filing Date: 10/9/2018
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: An owner whose property has been taken by condemnation is entitled to compensation for the property at the highest and best use.

The district court has discretion to award attorney fees and costs in an eminent domain action under N.D.C.C. § 32-15-32, even if the court’s damage award is less than the amount offered.

Johnson, et al. v. Statoil Oil & Gas LP, et al. 2018 ND 227
Docket No.: 20180050
Filing Date: 10/3/2018
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: Pugh clauses require an individualized analysis.

Under N.D.C.C. § 9-07-16, when there is a conflict in provisions of a contract, the purely original portions prevail over boilerplate language from a form contract.

Korb v. N.D. Dep't of Transportation 2018 ND 226
Docket No.: 20180106
Filing Date: 10/3/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Accurate additional language provided by an officer does not alter the sufficiency of a complete, accurate implied consent advisory under N.D.C.C. § 39-20-01(3).

Testimony from an officer describing the steps taken in sealing and packaging a blood vial showed scrupulous compliance with Form 104.