Opinions

Koehly v. Levi 2016 ND 202
Docket No.: 20160141
Filing Date: 11/9/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A conditional consent to take a breath test for alcohol may be a refusal.
A lawfully arrested DUI suspect who made no attempt to call an attorney cannot complain that officers would have violated his limited right to counsel had he tried.
Issues raised for the first time on appeal will not be addressed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 201
Docket No.: 20160209
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: District court judgment affirming an order of the State Board of Public School Education approving petitions to transfer property from New Public School District to the Williston School District is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Richholt v. Hrdlicka 2016 ND 200
Docket No.: 20160087
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's award of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Overvold v. Overvold 2016 ND 199
Docket No.: 20160124
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court's amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

In the Matter of A.J.S. and N.J.S. (Confidential) 2016 ND 198
Docket No.: 20160290
Filing Date: 11/9/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court's order terminating a father's parental rights and granting a petition for a step-parent adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Curtiss v. Curtiss 2016 ND 197
Docket No.: 20160064
Filing Date: 10/17/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Guardianship of W.B.T. 2016 ND 196
Docket No.: 20160118
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: Order appointing a successor guardian is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Raap v. Lenton (cross-reference w/20110192) 2016 ND 195
Docket No.: 20160122
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: To the extent that information is reasonably available, the average of the most recent five years of each self-employment activity, if undertaken on a substantially similar scale, must be used to determine self-employment income.
If the tax returns are not available or do not reasonably reflect the income from self-employment, profit and loss statements which more accurately reflect the current status must be used.

Ferguson v. City of Fargo 2016 ND 194
Docket No.: 20160067
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Constitutional Law
Author: VandeWalle, Gerald

Highlight: All regularly enacted municipal ordinances carry a strong presumption of constitutionality, which will be sustained unless the party challenging the ordinance clearly demonstrates it violates the state or federal constitution.
The equal protection clause does not forbid classifications, and under the relaxed rational basis standard, a governmental classification will be upheld unless it is arbitrary and bears no rational relationship to a legitimate governmental interest.

Gillespie, et al. v. National Farmers Union Property & Casualty Co. 2016 ND 193
Docket No.: 20160012
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Insurance
Author: VandeWalle, Gerald

Highlight: An insured's recovery under underinsured motorist coverage requires the insured be legally entitled to recover for injuries resulting from the tortious conduct of the owner or operator of the underinsured motor vehicle.