Opinions

Nusviken, et al. v. Johnston, et al. 2017 ND 22
Docket No.: 20160233
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: Under an attorney's lien, the attorney is the equitable assignee of money due from the judgment debtor to the judgment creditor.
An attorney practicing in a professional corporation is not personally liable for improper or unethical actions toward parties who are not clients.

Tillich, et al. v. Bruce, et al. 2017 ND 21
Docket No.: 20160094
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: When a party requests attorney fees under N.D.C.C. § 28-26-01(2), the district court must first determine whether a claim is frivolous. If the court determines the claim is frivolous, the court must award reasonable attorney fees to the prevailing party.

Beckstrand v. Beckstrand, et al. (consolidated w/20160106) 2017 ND 20
Docket No.: 20160105
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Cancellation of a contract for deed by action is an action in equity, and the district court must base its decision on equitable principles.
In an equitable action, a court of equity has the power to adjust the rights of the parties with regard to interest, rents, and profits and make complete adjudication of all matters involved in the case.
A district court's findings of fact must be adequate to understand and explain the basis for its decision.

Krenz, et al. v. XTO Energy, Inc. (cross-reference w/20110147) 2017 ND 19
Docket No.: 20160096
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: The unauthorized use of land to develop mineral interests is a trespass.
A party may waive the tort for trespass and recover damages for unjust enrichment under a contract implied in law.
A mineral lessee generally has an implied right to use as much of the lease surface as reasonably necessary to develop minerals, and absent lease provisions to the contrary, production or operations on a part of land included within a lease will extend the lease beyond its primary term as to all land subject to the lease.

J B Construction, Inc. v. Job Service 2017 ND 18
Docket No.: 20160270
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: The exemption of certain officers from "employment" under the unemployment compensation law is granted to an officer as an individual, not to the officer's position.
Under the unemployment compensation law, if an exempt officer transfers his interest and position in a corporation to another individual, the individual must apply for his own exemption.

Glass v. Glass 2017 ND 17
Docket No.: 20160112
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Before N.D.C.C. § 14-05-24.1 was amended effective August 1, 2015, remarriage created a prima facie case to terminate permanent spousal support unless extraordinary circumstances existed to justify its continuance. The decision as to whether spousal support terminated, and if so, when, lied within the district court's discretion.

Sadek v. N.D. Dep't of Transportation 2017 ND 16
Docket No.: 20160328
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Appeal from judgment reversing Department of Transportation decision revoking driving privileges is summarily reversed under Dettler v. Sprynczynatyk, 2004 ND 54, 675 N.W.2d 799, and N.D.R.App.P. 35.1(b).

State v. Gibson 2017 ND 15
Docket No.: 20160201
Filing Date: 2/16/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 29-19-02, a defendant "elects" his right to a speedy trial when the district court and the prosecutor receive the party's request.

Norberg, et al. v. Norberg 2017 ND 14
Docket No.: 20160098
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: Collateral estoppel means issue preclusion, and issues can be either legal or factual.
The Sixth Amendment's right to jury trial does not prohibit applying collateral estoppel when the earlier issue was decided without a jury.

Matter of C.D.G.E. (Confidential) 2017 ND 13
Docket No.: 20160150
Filing Date: 2/16/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court does not abuse its discretion in denying a parental-termination petition unless the petitioner establishes that denying the petition would seriously affect the child's welfare.