Opinions

Dakota Outdoor Advertising, Inc. v. City of Bismarck 2016 ND 210
Docket No.: 20160136
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: A city's denial of a special use permit must be affirmed unless it acted arbitrarily, capriciously, or unreasonably.
On appeal from a decision of a city governing body, a consideration of evidence is limited to the evidence presented to the city, and the burden is on the applicant to show the decision was arbitrary, capricious, or unreasonable.

State v. Patrick 2016 ND 209
Docket No.: 20160091
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A traffic stop made under a presumptively valid statute generally provides an officer with reasonable articulable suspicion.

State v. Russell 2016 ND 208
Docket No.: 20160065
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Due process requires a disclosure of material evidence. Evidence is material if a reasonable probability exists that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.

Shermer v. State 2016 ND 207
Docket No.: 20160115
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Interest of S.J. (CONFIDENTIAL) 2016 ND 206
Docket No.: 20160307
Filing Date: 11/9/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Kardor v. State 2016 ND 205
Docket No.: 20160140
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Hageness v. Slaubaugh, et al. 2016 ND 204
Docket No.: 20160161
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Judgment dividing ownership of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Harmon v. State 2016 ND 203
Docket No.: 20160101
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Koehly v. Levi 2016 ND 202
Docket No.: 20160141
Filing Date: 11/9/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A conditional consent to take a breath test for alcohol may be a refusal.
A lawfully arrested DUI suspect who made no attempt to call an attorney cannot complain that officers would have violated his limited right to counsel had he tried.
Issues raised for the first time on appeal will not be addressed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 201
Docket No.: 20160209
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: District court judgment affirming an order of the State Board of Public School Education approving petitions to transfer property from New Public School District to the Williston School District is summarily affirmed under N.D.R.App.P. 35.1(a)(7).