Opinions

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.

Plains Marketing, LP, et al. v. Mountrail County Board of County Commissioners 2016 ND 100
Docket No.: 20150346
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Tax Realted
Author: Kapsner, Carol

Highlight: A county auditor may not use the omitted property statutes to revalue previously assessed property.

Grzeskowiak v. State 2016 ND 99
Docket No.: 20150325
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An appellant's failure to comply with the rules of appellate procedure for briefs precludes meaningful review of the appellant's alleged errors and warrants affirmance of district court decision.

State v. Van Zomeren 2016 ND 98
Docket No.: 20150267
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Expert testimony is not required to show fair administration of a blood test if the directions for blood collection have been scrupulously followed.

State v. Wilkie (consolidated w/ 20150215) 2016 ND 97
Docket No.: 20150214
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A probationer, when arrested and charged with an additional crime, may be required to comply with conditions of probation as a condition of a bond order related to the subsequent charge.
Bail may be forfeited if a condition of the bond order is breached.

Guardianship/Conservatorship of R.G. 2016 ND 96
Docket No.: 20150184
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Guardian/Conservator
Author: Sandstrom, Dale

Highlight: An order appointing a conservator and guardian is appealable without a certification under N.D.R.Civ.P. 54(a).
For good cause, a court may pass over a person named in a most recent durable power of attorney and appoint another entity or individual as a conservator and guardian.