Opinions

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: OTHER (Civil)
Author: McEvers, Lisa K. Fair

Highlight: An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).

The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.

Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.

A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.

When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.

Hudye Group v. Ward Cty. Bd. of Commissioners 2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: ADMINISTRATIVE PROCEEDING
Author: VandeWalle, Gerald W.

Highlight: A local governing body’s decision on tax rebate and abatement applications is reviewed under the arbitrary, capricious, or unreasonable standard.

Applications for abatement or refund of property taxes must be filed in the office of the county auditor on or before November first of the year following the year in which the tax becomes delinquent.

Taxpayer’s applications for abatement or refund of property taxes which were not filed before November first of the year following the year in which the taxes became delinquent were untimely.

Bridges v. State 2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: Orders summarily dismissing applications for postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Etemad v. State 2022 ND 81
Docket No.: 20210343
Filing Date: 4/14/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Moncada v. State 2022 ND 80
Docket No.: 20210338
Filing Date: 4/14/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order summarily dismissing an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Solberg v. Hennessy 2022 ND 79
Docket No.: 20210354
Filing Date: 4/14/2022
Case Type: MALPRACTICE
Author: Per Curiam

Highlight: Amended judgment entered after a bench trial summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

State v. Hultberg 2022 ND 78
Docket No.: 20210301
Filing Date: 4/14/2022
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of indecent exposure is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Hoff v. State 2022 ND 77
Docket No.: 20210291
Filing Date: 4/14/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Ali v. State 2022 ND 76
Docket No.: 20210335
Filing Date: 4/14/2022
Case Type: POST-CONVICTION RELIEF
Author: Crothers, Daniel John

Highlight: If the State moves for summary dismissal of an application for postconviction relief, the applicant must present competent admissible evidence which raises a genuine issue of material fact.

Schultz v. DeClusin 2022 ND 75
Docket No.: 20210315
Filing Date: 4/14/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: An amended judgment and money judgment awarding a parent primary residential responsibility and attorney’s fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).