Opinions

Tangedal, et al. v. Mertens, et al. 2016 ND 170
Docket No.: 20150324
Filing Date: 8/25/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A political subdivision and its employee have immunity for claims caused by the performance or nonperformance of a public duty within the scope of the employee's employment unless a special relationship is established.
A political subdivision employee may be personally liable for the performance or nonperformance of a public duty if special relationship existd and if the employee's conduct within the scope of employment is reckless or grossly negligent, or willful or wanton misconduct.

Adams v. Adams (cross-reference w/20140259) 2016 ND 169
Docket No.: 20150365
Filing Date: 8/24/2016
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court's determination of business profits are a finding of fact subject to the clearly erroneous standard of review.
A party seeking relief from a judgment must do so under N.D.R.Civ.P. 60.

Horob, et al. v. Zavanna, LLC, et al. 2016 ND 168
Docket No.: 20150203
Filing Date: 8/23/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: When the parties have agreed on a specific period for a temporary cessation of oil or gas production, that clause controls over the common-law doctrine of temporary cessation allowing a reasonable time for resumption of production.
The terms of an oil or gas lease may allow the lease to be pooled with other lands or leases.
Unless provided otherwise, a governmental pooling agreement or order does not divide a lease, and production anywhere on the pooled area is considered production on all leases that may be wholly or partly in the pooled area.

State v. Engelhorn 2016 ND 167
Docket No.: 20160058
Filing Date: 8/22/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.

Vacancy in Judgeship No. 5, Northeast Central Judicial District 2016 ND 166
Docket No.: 20160193
Filing Date: 8/19/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

2015 Application for Permit to Enter Land(Consolidated w/ 20150312) 2016 ND 165
Docket No.: 20150311
Filing Date: 8/18/2016
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The N.D. Rules of Civil Procedure do not require a water district to begin a civil action by serving a summons when applying for a permit to enter land for examining, surveying and mapping a proposed flood control project.
The district's examinations are not limited to visual examinations, and the landowners are not entitled to a jury trial in the preliminary stage.

Ell v. Director, Dep't of Transportation 2016 ND 164
Docket No.: 20160068
Filing Date: 8/17/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge.
The evidentiary shortcut for admission of chemical test results provided by statute cannot be used, and expert testimony is required to show fair administration of the test if documentary evidence does not show the approved collection method was scrupulously followed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 163
Docket No.: 20160093
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: Property annexed to a school district must be contiguous to that school district when the annexation becomes effective.

Snider, et al v. Dickinson Elks Building, LLC 2016 ND 162
Docket No.: 20150343
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The appealability of a judgment will be considered even if neither party raises the issue on appeal.
An appeal from a judgment that does not resolve all of the parties' claims will generally be dismissed.

State v. Garnder 2016 ND 161
Docket No.: 20150368
Filing Date: 8/17/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Persons accused of crimes have a right to a trial by an impartial jury.
A court will not readily discount the assurances of a juror as to his or her impartiality.
A party claiming discrimination during the selection of the jury pool bears the burden of establishing a prima facie case of purposeful discrimination.