Opinions

Anderson, et al. v. Zimbelman, et al. 2014 ND 34
Docket No.: 20130207
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: Constructive fraud requires a breach of duty leading to an advantage for the party misleading. The breach of duty generally arises from a confidential or fiduciary relationship between the parties.
A sheriff may collect sheriff's fees on an execution sale when moneys are received and disbursed by the sheriff. A sheriff may collect a commission on the appraised value of the property if personal property is taken by the sheriff and applied in satisfaction of a debt without sale.
Compromise of a bona fide controversy constitutes good consideration for a promise.
N.D.R.Civ.P. 52(a)(3) does not require the court to state findings or conclusions when ruling on a motion under Rule 56.

Judicial Conduct Commission v. Hagar 2014 ND 33
Docket No.: 20130278
Filing Date: 2/13/2014
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: A judge may be suspended without pay for a violation of the Code of Judicial Conduct.

Interest of G.R. (Confidential) 2014 ND 32
Docket No.: 20130376
Filing Date: 2/13/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: In termination of parental rights cases, the petitioner must prove, by clear and convincing evidence, that the child is deprived, the conditions and causes of deprivation are likely to continue or will not be remedied, and the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
The juvenile court's findings of fact in a termination of parental rights proceeding will not be reversed on appeal unless they are clearly erroneous.

Matter of Mangelsen 2014 ND 31
Docket No.: 20130155
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, the conduct relied upon to demonstrate the individual's serious difficulty controlling his behavior need not be sexual in nature.

State v. Reis (consol. w/ 20130193 & 20130194) 2014 ND 30
Docket No.: 20130192
Filing Date: 2/13/2014
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A police officer may search a vehicle without a warrant if there is probable cause to believe the vehicle contains contraband.
When a police officer has probable cause to believe a vehicle contains contraband, the officer may search the vehicle and any containers within the vehicle that may contain the object of the search, including locked containers.

Estate of Huston 2014 ND 29
Docket No.: 20130126
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: An order denying a petition to remove a personal representative in the unsupervised probate of an estate is appealable without a certification under N.D.R.Civ.P. 54(b).
A decision on a petition to remove a personal representative lies within the discretion of the district court.

Interest of R.L.-P. (consolidated w/ 20130383-20130386 & 20130388) 2014 ND 28
Docket No.: 20130382
Filing Date: 2/13/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: Parental rights may be terminated when the children are deprived and have been in foster care more than 450 out of the previous 660 nights.
Social services has made reasonable efforts to reunite parents and their children when services have been made available and a plan has been in place to enable visitation and placement.
The Indian Child Welfare Act does not apply when an Indian tribe has determined the parent is not a member of the tribe.

Delaney v. State 2014 ND 27
Docket No.: 20130260
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Brockel v. WSI 2014 ND 26
Docket No.: 20130166
Filing Date: 2/13/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Until proper notice is given, Workforce Safety and Insurance cannot terminate disability benefits on the basis that the claimant failed to verify disability.
When treatment for a work-related injury is prolonged because of nonwork-related medical conditions, the claimant is entitled to continued disability benefits during the entire period because the existence of the nonwork-related condition does not change the fact that the work-related injury rendered the claimant unable to work.
The essence of the concept of disability under workers compensation law is the proper balancing of medical and wage-loss factors.

Bredeson v. Mackey 2014 ND 25
Docket No.: 20130254
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Marriage of one or both parents may constitute a change of circumstances that is not material and therefore does not require modification of parenting time.
Non-parental visitation requires exceptional circumstances, such as a long-standing relationship between the child and the stepparent or a stepparent who is a psychological parent to the child.