Opinions

WSI v. Questar Energy Services, Inc. 2017 ND 241
Docket No.: 20170059
Filing Date: 10/17/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: A challenge to Workforce Safety and Insurance employee classifications is a mixed question of law and fact, requiring a review of whether the findings of fact is supported by a preponderance of the evidence and whether those findings support the applied classification.
An administrative law judge may properly exclude evidence of changes to employee classification codes that arose after the relevant audit time period.

Beach Railport, LLC v. Michels, et al. 2017 ND 240
Docket No.: 20160457
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.
A partition report of the referees, appointed under the statutes governing partition, is only a proposal for the district court's consideration. The court may confirm, change, modify, or set aside the report and, if necessary, may appoint new referees.
When a party makes a substantiated claim of factual or legal error in a referee partition report, due process protections and equitable concerns require the district court to hold a hearing to weigh the objections against the report and decide whether the report equitably divides the real property before confirming, changing, or modifying the report.

State v. Sahel 2017 ND 239
Docket No.: 20170178
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment entered after defendant pleaded guilty to gross sexual imposition and terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Clark v. State 2017 ND 238
Docket No.: 20170076
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Whetsel 2017 ND 237
Docket No.: 20170141
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion.

Wisham v. State 2017 ND 236
Docket No.: 20170176
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of application for post-conviction relief alleging sentence time calculation error and violation of constitutional rights is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Wisham v. State 2017 ND 235
Docket No.: 20170164
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying a petitioner's application for post-conviction relief on the basis of ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 9, ECJD 2017 ND 233
Docket No.: 20170327
Filing Date: 10/10/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: The judgeship vacancy created by the retirement of Norman G. Anderson in Fargo is retained.

Matter of John T. Gassmann Trust 2017 ND 232
Docket No.: 20170033
Filing Date: 10/3/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Res judicata bars the relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties.
Under North Dakota law, if a trust has two or more beneficiaries, the trustee must act impartially in dealing with the trust property, giving due regard to the beneficiaries' respective interests. The trustee also has a duty to protect and preserve the trust assets and to defend actions which may result in loss to the trust.

Wilkinson, et al. v. Board of University and School Lands of the State of N.D. 2017 ND 231
Docket No.: 20160199
Filing Date: 9/28/2017
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Chapter 61-33.1, N.D.C.C., governing minerals rights of land inundated by the Pick-Sloan Missouri Project dams, applies retroactively.
A property owner is entitled to compensation if the government "takes" or "damages" private property for public use.