Opinions

Valeu v. Strube 2018 ND 30
Docket No.: 20170247
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A party moving for modification of primary residential responsibility of a child more than two years after entry of a prior order establishing residential responsibility must prove that a material change has occurred in the circumstances of the child or parties and that modification is necessary to serve the child's best interests.

Benson, et al. v. Feland Brothers Properties, et al. 2018 ND 29
Docket No.: 20170132
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Surveys are not conclusive evidence of boundary lines. While a water line may shift from time to time, it remains a valid boundary line.
The district court does not clearly err by tacking on time for purposes of adverse possession when the first adverse possessor makes improvements to the property, the second adverse possessor uses the property seasonally, and both pay taxes on the property.

Martin v. Marquee Pacific, LLC, et al. 2018 ND 28
Docket No.: 20170256
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Foreclosure
Author: Jensen, Jon J.

Highlight: The rule on joinder, N.D.R.Civ.P. 19, does not require dismissal of an action for failure to join a party in an earlier action.
A party with a single cause of action generally may not split that cause of action and maintain several lawsuits for different parts of the action.
For res judicata purposes, privity exists if one is so identified in interest with another that he or she represents the same legal right. Privity includes a person not technically a party to a judgment, but who is, nonetheless, connected with it by her interest in the prior litigation and by her right to participate therein.

Interest of C.B. (CONFIDENTIAL) 2018 ND 27
Docket No.: 20170155
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: Jeopardy does not attach at a pretrial motion to dismiss.
If a defendant is not required to register as a sex offender in another state, the Full Faith and Credit Clause of the United States Constitution does not prohibit North Dakota from requiring a defendant to register.

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.

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.

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.