Opinions

Disciplinary Board v. Enget 2016 ND 110
Docket No.: 20160139
Filing Date: 6/6/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Holkesvig v. Maring 2016 ND 109
Docket No.: 20150247
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment dismissing complaint and order denying motion for relief are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Holkesvig v. Edison, et al. 2016 ND 108
Docket No.: 20150266
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment dismissing complaint, order denying motion for relief from judgment, and orders denying post-appeal motions are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Holkesvig v. VandeWalle, et al. 2016 ND 107
Docket No.: 20150246
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Neither the North Dakota Constitution nor the North Dakota Century Code provides the Supreme Court with the power to divest district courts of subject-matter jurisdiction.
The filing of a petition for rehearing stays the mandate of a Supreme Court judgement until disposition of the petition.
The Supreme Court will not set aside a district court's decision merely because the court applied an incorrect reason, if the result would be the same under the correct law and reasoning.
A petition for rehearing is the proper means to afford the Supreme Court an opportunity to correct factual misstatements in the original opinion.

Jury v. Barnes County Municipal Airport Authority 2016 ND 106
Docket No.: 20150374
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: McEvers, Lisa K. Fair

Highlight: A person acting as her own attorney is equally bound by rules of procedure, even if she lacks understanding of those rules or the correct procedures.
A district court is not required to independently give notice of a hearing when notice has been given by one of the parties.
A party must timely request oral argument on a motion; otherwise, a party waives its right to a hearing.

Rath v. Rath (cross ref w/ 20130025,20130252, 20130327, 20140012, 20140291, cont 2016 ND 105
Docket No.: 20150336
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt.
Adverse or erroneous rulings alone do not demonstrate bias. For recusal to be warranted, a judge must be partial, or there must be some external influence that creates an appearance of impropriety.

Vogel v. Marathon Oil Corporation 2016 ND 104
Docket No.: 20150154
Filing Date: 5/31/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: A royalty owner does not have a private right of action for damages for violations of the statute limiting flaring of gas from an oil well.
The Environmental Law Enforcement Act provides a cumulative remedy for a royalty owner seeking the payment of royalties for gas flaring in violations, but the royalty owner must exhaust administrative remedies before pursuing a claim in court.
There is no common law in any case in which the law is declared by statute.

Holverson v. Lundberg (cross reference 20140347) 2016 ND 103
Docket No.: 20150313
Filing Date: 5/31/2016
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Allegations of fraud ordinarily involve factual questions that are inappropriate for summary judgment.
A person engaging in transactions involving title to real property is charged with constructive notice of properly recorded instruments affecting title to the property.
Claims for fraud must be commenced within six years of discovery of facts constituting the fraud, and the claim accrues when the party has constructive notice of facts placing a reasonable person on notice of a claim.

Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc. 2016 ND 102
Docket No.: 20150198
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

Highlight: A tenant's holding over, upon the expiration of a lease for real property, is willful if the tenant holds over intentionally and not inadvertently.
After a summary proceeding, if a district court invites the parties to submit post-hearing briefing and neither party objects, the district court should resolve the issues raised, providing reasoned legal analysis.

Thompson v. State 2016 ND 101
Docket No.: 20150157
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: To demonstrate prejudice resulting from counsel's deficient performance in the context of a guilty plea, a defendant must establish a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.