Opinions

SCS Carbon Transport v. Waloch (cons. w/20230149, 162-173 & 175-176) 2024 ND 109
Docket No.: 20230174
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch, et al. (cons. w/20230149, 162-174 & 20230176) 2024 ND 109
Docket No.: 20230175
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. SPLJ (cons. w/20230149, 20230162-20230175) 2024 ND 109
Docket No.: 20230176
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

State v. Doyle 2024 ND 108
Docket No.: 20230292
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A witness testifies as an expert when the witness's answers are rooted exclusively in the witness's expertise or is not a product of the witness's investigation but instead reflects the witness's specialized knowledge. Under Rule 16(a)(1)(F), N.D.R.Crim.P, expert witness summaries must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The State's failure to comply with Rule 16(a)(1)(F) may impede a defendant's ability to prepare the defendant's defense.

Meuchel v. MR Properties 2024 ND 107
Docket No.: 20230211
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Real Property
Author: Bahr, Douglas Alan

Highlight: The district court has discretion, either upon a motion by a party or on its own, to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading. A court may consider a motion to strike at any time. Specific performance is an equitable remedy and equitable principles must be followed in its use. Though specific performance is an equitable action, it is available to enforce agreements even though the injured party may have a legal remedy for damages, because in many cases an action for damages would not afford adequate relief. To be specifically enforceable, a contract must be complete in itself at least with respect to its essential and material terms. The district court cannot supply an important omission or complete a defective contract for the purpose of specific performance.

State v. Scully 2024 ND 106
Docket No.: 20240018
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment for conspiracy to possess with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Reller 2024 ND 105
Docket No.: 20230393
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Alinder 2024 ND 104
Docket No.: 20230350
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of aggravated reckless driving is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Camperud 2024 ND 103
Docket No.: 20230370
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The district court should impose the least severe sanction when determining the remedy for the State discovery violation. The level of appropriate sanction depends on the severity of the disclosure violation.

Estate of Almer 2024 ND 102
Docket No.: 20230365
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: When interpreting a will the primary objective is to determine the testator's intent. Extrinsic evidence may be considered to resolve an ambiguity. A will is ambiguous if its language is susceptible to more than one reasonable interpretation.

A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative may be liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. Whether a personal representative breached a fiduciary duty is a question of fact.

A personal representative is entitled to receive reasonable attorney fees from an estate when he or she defends or prosecutes any proceeding in good faith, whether successful or not.