Opinions

Brandt, et al. v. City of Fargo 2018 ND 26
Docket No.: 20170162
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A district court does not have appellate jurisdiction unless authorized by statute.
An appeal is not a matter of right but a creature of statute, and no right to appeal exists unless authorized by statute.
Absent statutory authority, a city's resolution of necessity authorizing an eminent domain proceeding may not be directly appealed to the district court.

Wieland v. City of Fargo 2018 ND 26
Docket No.: 20170196
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A district court does not have appellate jurisdiction unless authorized by statute.
An appeal is not a matter of right but a creature of statute, and no right to appeal exists unless authorized by statute.
Absent statutory authority, a city's resolution of necessity authorizing an eminent domain proceeding may not be directly appealed to the district court.

Dixon v. Dixon 2018 ND 25
Docket No.: 20170212
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A case becomes moot when, because of the lapse of time or the occurrence of events, a court is unable to render effective relief.
People may waive rights and privileges which are conferred by statute and are intended for their benefit.
Summary judgment should not be used to conduct a mini-trial of disputed fact issues.

Horvath v. State 2018 ND 24
Docket No.: 20170329
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Once the State moves for summary disposition in a post-conviction relief proceeding pointing out the absence of supporting evidence for the defendant's allegations, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support the claim. If competent evidence is provided, the defendant is entitled to an evidentiary hearing.
Summary dismissal is generally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing.

Kautzman, et al. v. Doll 2018 ND 23
Docket No.: 20170232
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: An appeal from a district court's refusal to vacate an order under Rule 60(b), N.D.R.Civ.P., does not permit the appellant to attack the underlying order from which an appeal could have been, but was not, brought.
To prevail on a motion for relief under N.D.R.Civ.P. 60(b)(6), the moving party must show exceptional circumstances exist to justify relief from the operation of the judgment or order.

Little v. Stark County Sheriff 2018 ND 22
Docket No.: 20170222
Filing Date: 1/22/2018
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: VandeWalle, Gerald

Highlight: Whether to issue a writ of mandamus is left to the district court's sound discretion. It is not an abuse of discretion for the district court to consider a petitioner's excessive delay in seeking remedy when denying a petition.

Thompson v. Thompson 2018 ND 21
Docket No.: 20170063
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Split residential responsibility is not preferred, but it is not expressly prohibited.
If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child. This Court will not reweigh the evidence nor reassess the credibility of witnesses.
A district court's determination on spousal support will not be set aside for failure to explicitly state the basis for its findings if that basis can be reasonably inferred from the record.

State v. Montgomery 2018 ND 20
Docket No.: 20170192
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Voluntary consent to a warrantless blood test is determined by examining the totality of the circumstances, for which the State bears the burden of proof.
A district court's decision on a motion to suppress will not be reversed if there is sufficient competent evidence fairly capable of supporting the trial court's findings and the decision is not contrary to the manifest weight of the evidence.

Campbell v. Thompson 2018 ND 19
Docket No.: 20170184
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Under the North Dakota Rules of Civil Procedure, the exclusive means for opening a default judgment is through a motion to vacate the judgment. On a direct appeal from a default judgment granted under N.D.R.Civ.P. 55, the standard of review is limited to whether "irregularities appear on the face of the judgment roll."

State v. Adams 2018 ND 18
Docket No.: 20170163
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: When an individual does not own the vehicle, does not assert ownership of a container within the vehicle, does not provide evidence establishing possessory interest in the container, and there are no identifying markings on the container or the contents within, the individual has no reasonable expectation of privacy in the container located in the vehicle.
A district court's decision at a preliminary hearing that probable cause existed to bind a defendant over for trial is rendered moot once the trial is held, and the defendant may not, on appeal, challenge the decision that probable cause existed.