Opinions

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An underemployed child support obligor did not provide evidence to establish the N.D. Admin. Code § 75-02-04.1-07(5) exception for imputation of income based on the unavailability of employment applied.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Highlight: A dismissal without prejudice is ordinarily not appealable because either side may commence another action.

When deciding a due process claim, we consider whether a constitutionally protected property or liberty interest is at stake and, if so, whether minimum procedural due process requirements were met.

WSI is required to notify an employer of the premiums and penalties that employer owes to WSI, and if the employer fails to pay that amount within thirty days, WSI may collect the premiums and penalties by civil action.

Under the North Dakota and U.S. Constitutions, excessive fines shall not be imposed. The federal excessive fines clause is violated if the fine is grossly disproportional to the gravity of a defendant’s offense.

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s N.D. Sup. Ct. Admin. R. 58 vexatious litigant pre-filing order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.

The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
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.

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

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - 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).

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

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

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.

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
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.

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - 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).

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - 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.

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
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).

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - 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.

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

Sauvageau, et al. v. Bailey, et al. 2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
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.

Sauvageau, et al. v. Bailey, et al. 2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

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: Appeal - Civil - 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.

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: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).

The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.

Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.

A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.

When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Hudye Group v. Ward Cty. Bd. of Commissioners 2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: A local governing body’s decision on tax rebate and abatement applications is reviewed under the arbitrary, capricious, or unreasonable standard.

Applications for abatement or refund of property taxes must be filed in the office of the county auditor on or before November first of the year following the year in which the tax becomes delinquent.

Taxpayer’s applications for abatement or refund of property taxes which were not filed before November first of the year following the year in which the taxes became delinquent were untimely.

Hudye Group v. Ward Cty. Bd. of Commissioners 2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Bridges v. State (consolidated w/20210352) 2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Orders summarily dismissing applications for postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Bridges v. State (consolidated w/20210352) 2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Etemad v. State 2022 ND 81
Docket No.: 20210343
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Etemad v. State 2022 ND 81
Docket No.: 20210343
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Moncada v. State 2022 ND 80
Docket No.: 20210338
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily dismissing an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Moncada v. State 2022 ND 80
Docket No.: 20210338
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Solberg v. Hennessy 2022 ND 79
Docket No.: 20210354
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

Highlight: Amended judgment entered after a bench trial summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

Solberg v. Hennessy 2022 ND 79
Docket No.: 20210354
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

State v. Hultberg 2022 ND 78
Docket No.: 20210301
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of indecent exposure is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Hultberg 2022 ND 78
Docket No.: 20210301
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Hoff v. State 2022 ND 77
Docket No.: 20210291
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Hoff v. State 2022 ND 77
Docket No.: 20210291
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Ali v. State 2022 ND 76
Docket No.: 20210335
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: If the State moves for summary dismissal of an application for postconviction relief, the applicant must present competent admissible evidence which raises a genuine issue of material fact.

Ali v. State 2022 ND 76
Docket No.: 20210335
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Schultz v. DeClusin 2022 ND 75
Docket No.: 20210315
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended judgment and money judgment awarding a parent primary residential responsibility and attorney’s fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).