Opinions

Western Petroleum, LLC, et al. v. Williams County Board of Commissioners 2016 ND 249
Docket No.: 20160089
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An appeal from the decision of a board of county commissioners or other local governing body is subject to a very deferential and limited standard of review.
Deference is given to a governing body's reasonable interpretation of its own ordinance; however, an interpretation contradicting clear and unambiguous language is not reasonable.

Pfeffer v. State 2016 ND 248
Docket No.: 20160188
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: For an ineffective assistance of counsel claim for counsel's failure to appeal, to show prejudice, a defendant must demonstrate there is a reasonable probability that, but for counsel's deficient failure to consult with him about an appeal, he would have timely appealed.
When a district court fails to inform a defendant of his right to appeal, the defendant must show that, but for the district court's failure to inform him of his right to appeal, he would have appealed and that he did not have independent knowledge of his right to appeal.

Rice v. Neether 2016 ND 247
Docket No.: 20160013
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The rebuttable presumption that a deed has been delivered at its date arises only after delivery has been separately established.
A signed deed in the hands of the grantor's attorney, who also drafted the deed, is not deemed delivered without the requisite intent of the grantor to actually or constructively deliver the deed.

Solwey v. Solwey 2016 ND 246
Docket No.: 20160158
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: For analysis of a prima facie showing for a change of primary residential responsibility, when the non-moving party submits a subsequent affidavit that conflicts with the person's initial affidavit submitted by the moving party, a district court must disregard any conflicting allegations in the subsequent affidavit.
The determination of a prima facie showing is not the time for a mini-trial by affidavit.

Jones v. Levi 2016 ND 245
Docket No.: 20160216
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The basis for a district court decision reversing an administrative agency order must have been properly raised by a party at the administrative level.

Nesheim v. Nesheim 2016 ND 244
Docket No.: 20160159
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Interest of E.G.U. (Consolidated w/20160356)(Confidential) 2016 ND 243
Docket No.: 20160355
Filing Date: 12/20/2016
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) and (7).

Matter of Hehn (cross-reference 20070167, 20110053, 20120070, (continued) 2016 ND 242
Docket No.: 20160213
Filing Date: 12/20/2016
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) and (4).

Jacobs-Raak v. Raak 2016 ND 240
Docket No.: 20150360
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the parties agree to a division of property, the district court should explain its reasons for not dividing the property according to that agreement.
Whether payments are intended as "loans" or "gifts" is a question of fact which will not be reversed on appeal unless clearly erroneous.
Whether to award past child support and the starting date of the commencement of child support are discretionary and will not be overturned unless the court abuses its discretion.
The Supreme Court does not address issues raised for the first time in a reply brief.

Interest of R.F. (CONFIDENTIAL) 2016 ND 239
Docket No.: 20160389
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order continuing R.F.'s hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).