Opinions

Gannaway, et al. v. Torres, et al. 2017 ND 287
Docket No.: 20170092
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: Fraud in the execution of a deed must be undiminished by the negligence of the grantor, and the district court must consider the grantor's conduct in determining whether a deed is void or voidable.
If a deed is voidable, it may pass good title to a subsequent good-faith purchaser for value without notice.
If facts exist that would put a reasonably prudent person on notice about defects in a chain of title, the subsequent buyer is not a good-faith purchaser for value without notice.

Ceynar, et al. v. Barth, et al. 2017 ND 286
Docket No.: 20170135
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Restrictive covenants are strictly construed in favor of free use of land.
Because a landowner has no right to an unobstructed view, the size and shape of a neighboring structure cannot be a nuisance, even if it effects material reduction in market value.

Vig v. Swenson 2017 ND 285
Docket No.: 20170032
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: Tufte, Jerod E.

Highlight: Before a court may set aside a transaction on the ground of mental incapacity, a party attacking the validity of the transaction has the burden to prove the grantor was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction.
A lease of agricultural land having a fixed, non-contingent term longer than ten years is entirely invalid and not simply invalid beyond ten years.

Black Hills Trucking, Inc. v. N.D. Industrial Commission 2017 ND 284
Docket No.: 20170086
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The Industrial Commission has jurisdiction over the illegal discharge of saltwater from the point it was generated to the point it is disposed.
A fine is unconstitutionally excessive if it is grossly disproportional to the gravity of a defendant's offense.

State v. Truelove 2017 ND 283
Docket No.: 20170043
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A conviction for gross sexual imposition under N.D.C.C. § 12.1-20-03(1)(a) requires the use of force either prior to or during the sexual act, but not after.

State v. $127,930 United States Currency, et al. 2017 ND 282
Docket No.: 20170154
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Nervousness, a large amount of cash, and a long distance, short-duration trip to a source city are pertinent factors in determining reasonable suspicion.

Interest of M.R. (CONFIDENTIAL) (consolidated w/20170364 & 20170365) 2017 ND 281
Docket No.: 20170363
Filing Date: 12/7/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Sabot 2017 ND 280
Docket No.: 20170100
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Coppage v. State 2017 ND 279
Docket No.: 20170277
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order summarily dismissing defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Todd 2017 ND 278
Docket No.: 20170240
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment entered after the district court found defendant guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7).