Opinions

Larson v. Midland Hospital Supply, Inc., et al. 2016 ND 214
Docket No.: 20160059
Filing Date: 11/18/2016
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A statute of limitations begins to run when the underlying cause of action accrues, and a claim's accrual may be postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.
A fiduciary relationship may excuse some delay in discovering wrongdoing, but reasonable diligence is still required, and the statute of limitations begins to run when the plaintiff has notice of facts that would put a reasonable person on inquiry.

Frith, et al. v. The Park District of the City of Fargo, et al. 2016 ND 213
Docket No.: 20160114
Filing Date: 11/16/2016
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The statute of limitations for tort actions against a political subdivision is three years.

Patterson v. State 2016 ND 212
Docket No.: 20160117
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court has the discretion under N.D.C.C. 19-03.1-23.2 to suspend or defer a defendant's sentence with or without considering a defendant's equivalent convictions.

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).