Opinions

Disciplinary Board v. Lee 2017 ND 216
Docket No.: 20170241
Filing Date: 8/30/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbarred.

Coon, et al. v. N.D. Dep't of Health, et al. 2017 ND 215
Docket No.: 20170089
Filing Date: 8/30/2017
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: The Department of Health administrative regulations require all concentrated animal feeding operations to apply for and obtain a pollutant discharge elimination system permit.
An administrative agency's decision to grant a permit will not be reversed on appeal if under the facts and circumstances of the case reversal would be a useless act.
The Department of Health is not required to reopen the public comment period when an applicant submits additional information in support of its application for a permit.

Lewis v. Smart 2017 ND 214
Docket No.: 20160341
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Divorce - Property
Author: Tufte, Jerod E.

Highlight: A district court's decision whether to grant relief under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion.
A district court must equitably distribute the parties' property and debts. Where a party has hidden assets and has chosen not to comply with the court's distribution order, the court may alter an agreement to restore equity despite that party's protestations.
A court does not abuse its discretion in awarding attorney's fees where it finds a party's actions have unreasonably increased the time spent on a case.

State v. Rath 2017 ND 213
Docket No.: 20170077
Filing Date: 8/29/2017
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: McEvers, Lisa K. Fair

Highlight: A supervisory writ is issued rarely and cautiously only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Conrad v. Wilkinson 2017 ND 212
Docket No.: 20170074
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A pending lawsuit that does not affect title to real property may not be the basis for a party to file a lis pendens against the real property and an improperly filed lis pendens may be cancelled.

Schwartzenberger v. McKenzie County Board of County Commissioners 2017 ND 211
Docket No.: 20170024
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: An appeal is not moot if the controversy is one of great public interest and involves the authority and power of public officials, or alternatively, if the matter is capable of repetition yet evading review.
A board of county commissioners may not restrict an elected county sheriff's authority to fire an employee hired by the sheriff except through personnel policies that do not usurp or significantly interfere with the sheriff's authority to fire employee's in the sheriff's office.

Welch v. WSI, et al. 2017 ND 210
Docket No.: 20160316
Filing Date: 8/29/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: In an administrative appeal, the Court determines only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record.
To trigger the civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits.
For purposes of the statute's civil penalties, "willfully" means conduct engaged in intentionally and not inadvertently, but does not require an intent to defraud.

State v. Newark 2017 ND 209
Docket No.: 20160360
Filing Date: 8/29/2017
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: A district court's decision whether to grant a motion for continuance will not be set aside on appeal absent an abuse of discretion.
The district court has broad discretion to control the introduction of evidence at trial.

Interest of M.S. (CONFIDENTIAL) (cross-reference w/20140304, 20140435 & 2016023 2017 ND 208
Docket No.: 20170280
Filing Date: 8/29/2017
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is not valid in a mental health proceeding if the judge sought to be disqualified has already ruled on any matter pertaining to the proceeding.

State v. Helm 2017 ND 207
Docket No.: 20170036
Filing Date: 8/29/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: A warrantless urine test may not be administered as a search incident to a lawful arrest for driving while impaired, and a driver may not be prosecuted for refusing a warrantless urine test incident to arrest.