Opinions

Hofland v. Hofland 2017 ND 36
Docket No.: 20160178
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's order awarding primary residential responsibility to the father once the child starts school is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Harris (consolidated w/20160085) 2017 ND 35
Docket No.: 20160084
Filing Date: 2/28/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: A party moving to vacate a judgment entered consistent with the terms of stipulations must first prove that, under the law of contracts, there is justification for setting the contract aside.
The statutory presumption of undue influence under N.D.C.C. § 59-18-01.1 is rebutted, as a matter of law, when a beneficiary of a trust enters into stipulations with a trustee while represented by counsel, after stating he understands the terms of the stipulations on the record, and the district court enters judgment consistent with the stipulations.

Estate of Brakke 2017 ND 34
Docket No.: 20160045
Filing Date: 2/23/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A district court may consider a compromise agreement settling litigation challenging a settlor's capacity to create a trust under statutory provisions in the Uniform Probate Code.
A settlement agreement must be written, executed by all competent persons and parents or guardians acting for minor children having beneficial interests affected by the compromise, the court must find the litigation is in good faith and the effect of the agreement is just and reasonable.

GEM Razorback, LLC v. Zenergy, Inc. 2017 ND 33
Docket No.: 20160170
Filing Date: 2/21/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: Dismissal for lack of subject matter jurisdiction is appropriate if the plaintiff failed to exhaust administrative remedies.
The parol evidence rule applies only to parties to a contract, and the rule has no application to a third person who is not a party to the contract or who is not attempting to enforce rights under the contract.

Golberg v. N.D. Dep't of Transportation 2017 ND 32
Docket No.: 20160218
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Snider, et al. v. Dickinson Elks Building, LLC, et al. 2017 ND 31
Docket No.: 20160145
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A construction lien created as a matter of law ceases to exist for failure to comply with the limitations periods provided in the construction lien statutes.

Beylund v. Levi 2017 ND 30
Docket No.: 20140133
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions.

Wojahn v. Levi 2017 ND 30
Docket No.: 20140315
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Cody v. State 2017 ND 29
Docket No.: 20160138
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: When a defendant applies for post-conviction relief without requesting an evidentiary hearing and the State does not move for summary disposition in its response, the district court does not err by considering information outside the application in denying the defendant's application on the merits without holding an evidentiary hearing after the defendant received notice and an opportunity to present evidence.

Interest of Nelson 2017 ND 28
Docket No.: 20160113
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior.
The district court must specifically state the facts on which it relied to determine that an individual has serious difficulty controlling his behavior.