Opinions

The Next Step v. Redmon 2016 ND 85
Docket No.: 20150333
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Unless an exception applies, an unincorporated associations are incapable of holding title to real property because they are not legal entities.

Valentina Williston, LLC v. Gadeco, LLC 2016 ND 84
Docket No.: 20150180
Filing Date: 4/21/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: When an oil and gas lease does not provide how the parties may modify its terms, the parties may alter the lease by a contract in writing, or by an executed oral agreement, and not otherwise.
For the doctrine of promissory estoppel to apply, a party must establish a promise which the promisor should reasonably expect will cause the promisee to change his position, a substantial change of the promisee's position through action or forbearance, justifiable reliance on the promise, and injustice which can be avoided only by enforcing the promise.
The doctrine of promissory estoppel is inapplicable when there is no promise or agreement between the parties.
The promise must be clear, definite, and unambiguous as to essential terms before the doctrine of promissory estoppel may be invoked to enforce an agreement.
A promise is too indefinite for reasonable enforcement when a party retains the right to determine the extent of his performance.

Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291, 2016 ND 83
Docket No.: 20160006
Filing Date: 4/18/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt.
A district court may dismiss a meritless motion to initiate contempt proceedings on its own initiative.

Gray v. Berg 2016 ND 82
Docket No.: 20150305
Filing Date: 4/18/2016
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A party claiming bias must present more than general allegations amounting to nothing more than dissatisfaction with unfavorable court rulings.
A party commits civil trespass by entering land in possession of another, or causing a third party or thing to do so, without consent or privilege.
A district court concluding a claim is frivolous does not make an appeal on the claim frivolous.

Langwald v. Langwald 2016 ND 81
Docket No.: 20150222
Filing Date: 4/15/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In a divorce proceeding, a district court's valuation and distribution of marital property will not be reversed on appeal unless clearly erroneous.
In calculating a parent's child support obligation, the district court must clearly set forth how it arrived at a net income figure.

Schmidt v. Levi 2016 ND 80
Docket No.: 20150344
Filing Date: 4/12/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: North Dakota's implied consent and criminal refusal laws are constitutional.
An officer does not need to inform an arrestee that no test will be given upon refusal.

City of Fargo v. Rakowski 2016 ND 79
Docket No.: 20150349
Filing Date: 4/12/2016
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: A city has discretion to decide how to implement laws that promote public safety.
State law permits cities to levy and collect a fee for re-inspection of rental property.
An ordinance is not made a bill of attainder by the fact the activity it regulates is described with such particularity that few fall within its purview.

Everett v. State 2016 ND 78
Docket No.: 20150269
Filing Date: 4/12/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final, unless an exception applies.
Newly discovered evidence that would likely result in an acquittal is an exception to the two-year time limit to apply for post-conviction relief.
The district court has the inherent authority to stem the abuses of the judicial process when a litigant has engaged in a clear pattern of frivolous, repetitive litigation.

Gillmore v. Levi 2016 ND 77
Docket No.: 20150321
Filing Date: 4/12/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Whether a driver has voluntarily consented to field sobriety testing is not an issue for consideration in an administrative proceeding to suspend driving privileges.
The department of transportation's report and notice form is admissible as prima facie evidence of its contents once it is forwarded to the director of the department.
If a party seeks to prove an issue that is beyond the knowledge of the factfinder, that party must present expert testimony.

Larson v. Larson 2016 ND 76
Docket No.: 20150178
Filing Date: 4/12/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court may modify primary residential responsibility if it finds: (1) a material change in circumstances has occurred; and (2) a modification is necessary to serve the child's best interests.
A district court may consider a parent's past behavior in ruling on a motion to relocate.