Opinions

Broten, et al. v. Broten (cross-reference w/20140177) 2017 ND 47
Docket No.: 20160151
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: An unjust enrichment claim is fully reviewable on appeal, and the essential element in recovering under the theory is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
A court's findings of fact supporting its unjust enrichment determination are subject to the clearly erroneous standard of review.

State v. Borden 2017 ND 46
Docket No.: 20160187
Filing Date: 3/7/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition, aggravated assault, and menacing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Environmental Driven Solutions v. Dunn County, et al. 2017 ND 45
Docket No.: 20160100
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A county has no authority through its zoning regulations to veto the Industrial Commission's siting of an oil and gas waste treating plant.

Interest of A.D. (Confidential) 2017 ND 44
Docket No.: 20170014
Filing Date: 3/7/2017
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).

State v. Nur 2017 ND 43
Docket No.: 20160257
Filing Date: 3/7/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's judgment following a jury finding the defendant guilty of burglary is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Romanick, et al. 2017 ND 42
Docket No.: 20160455
Filing Date: 3/3/2017
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Crothers, Daniel John

Highlight: A supervisory writ is issued rarely and cautiously only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.
A criminal complaint may be amended at any time before a finding or verdict if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
A date is an element of a criminal offense only if there would be no crime if the conduct occurred on the date alleged in the complaint.

State v. Mindt 2017 ND 41
Docket No.: 20160288
Filing Date: 3/1/2017
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A district court's order deferring imposition of sentence and an order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Kovalevich v. State (Consolidated w/20160325) 2017 ND 40
Docket No.: 20160194
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeals from denials of motions for new trial and an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of D.V.A.(Confidential-Cross-ref.w/20080319,20100091,20110358,20140384) 2017 ND 39
Docket No.: 20160315
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wheeler v. Schmalenberger, et al. 2017 ND 38
Docket No.: 20160361
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).