Opinions
On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.
1551 - 1600 of 12359 results
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Muhlbradt, et al. v. Pederson, et al.
2020 ND 187
Highlight: Deeds are construed in the same manner as contracts with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent. |
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Kvande v. Thorson
2020 ND 186
Highlight: Laches is the delay in enforcing a person’s rights that disadvantages another, and a party asserting laches must prove he was so prejudiced during the delay that he cannot be restored to status quo. |
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City of Glen Ullin, et al. v. Schirado, et al.
2020 ND 185 Highlight: A district court’s application of res judicata to claims concerning rights to real property is partially affirmed and partially reversed. |
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Koffler v. Koffler
2020 ND 184 Highlight: A child support obligor’s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification of a child support obligation. |
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State v. M.J.W. (consol. w/20200009-20200010)
2020 ND 183
Highlight: Section 12-60.1-02(1)(a), N.D.C.C., authorizes an individual to petition the district court to seal a criminal record only when the individual had not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation. |
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Woodrock, et al. v. McKenzie Cty.
2020 ND 182
Highlight: A contract to supply aggregate materials to a county stockpile is not a contract for the “construction of a public improvement” under N.D.C.C. ch. 48-01.2. |
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Gimbel v. Magrum, et al.
2020 ND 181 Highlight: A district court judgment determining real estate was not acquired by adverse possession or acquiescence is affirmed. |
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Instasi v. Hiebert
2020 ND 180 Highlight: A court of this state may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum. |
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Wilkinson, et al. v. Board of University and School Lands of the State of N.D.
2020 ND 179
Highlight: Chapter 61-33.1, N.D.C.C., governs the State’s sovereign land mineral ownership of the riverbed segments subject to inundation by the Pick-Sloan Missouri basin project dams and provides a process for determining ownership and returning funds incorrectly paid to the State. |
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Berg v. Jaeger, et al.
2020 ND 178
Highlight: The supreme court, in exercising its original jurisdiction, may issue a writ of injunction to restrain the commission or continuance of an act. |
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Haugen, et al. v. Jaeger, et al.
2020 ND 177 Highlight: The full-text requirement in N.D. Const. art. III, § 2, prohibits a petition to initiate a measure that would amend the Constitution from incorporating a statute by reference. |
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Krile v. Lawyer
2020 ND 176
Highlight: In deciding a motion to dismiss under N.D.R.Civ.P. 12(b)(6), district courts may consider materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment under N.D.R.Civ.P. 56. |
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Sorum, et al. v. State, et al.
2020 ND 175
Highlight: Where the State has a legal obligation that becomes unenforceable by the passage of a statute of limitations, the Legislative Assembly may waive or extend the limitation period to revive a previously valid claim against the State without making a prohibited “donation” within the meaning of the gift clause. |
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Wald v. Wald
2020 ND 174
Highlight: A real property owner may testify about the value of the land without any further qualification or special knowledge. |
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State v. Greenshields
2020 ND 173
Highlight: A district court’s dismissal of a criminal complaint with prejudice is reviewed on appeal for an abuse of discretion. |
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Fredericks, et al. v. Vogel Law Firm, et al.
2020 ND 171
Highlight: Res judicata prevents relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties or their privies. |
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City of Fargo v. Wieland
2020 ND 170
Highlight: A district court’s order denying a request for post-judgment interest is affirmed. |
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Interest of K.V. (CONFIDENTIAL)
2020 ND 169 Highlight: This Court defers to a juvenile court’s assessment of credibility, but if the court does not make specific findings, this Court is left to speculate as to the law and facts the court relied on in denying a motion. |
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Beam v. WSI, et. al.
2020 ND 168
Highlight: A party appealing a hearing officer’s decision must file “reasonably specific” specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed. |
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Schroeder, et al. v. State
2020 ND 167
Highlight: The State is immune from liability for claims relating to an injury directly or indirectly caused by the performance of a public duty, including the State’s duty to maintain the interstate and keep it in good and safe condition for general public use. |
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State v. Arends
2020 ND 166 Highlight: A district court order revoking probation and second criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Varty v. Varty
2020 ND 165
Highlight: The district court abuses its discretion when it misinterprets or misapplies the law. |
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A.R. Audit Services Inc. v. Young
2020 ND 164 Highlight: District court order denying motion for relief under N.D.R.Civ.P. 60(b)(1) is summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7). |
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State v. Lindquist
2020 ND 163 Highlight: A criminal judgment and an order denying a motion to suppress are affirmed under N.D.R.App.P. 35.1(a)(2),(7). |
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Interest of Skorick
2020 ND 162
Highlight: At a civil commitment hearing, the testimony and reports of an expert who conducted an examination are admissible. |
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McCormick, et al. v. Fredericks
2020 ND 161
Highlight: Jury instructions should fairly inform the jury of the law applicable to the case and fairly cover the claims made by both sides of the case. Jury instructions are reviewed as a whole, and are sufficient if they correctly advise the jury of the law. |
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State v. Scott
2020 ND 160
Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy. |
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Laufer v. Doe
2020 ND 159 Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18. |
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State v. Metz
2020 ND 158 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Banyee (consolidated w/ 20190281)
2020 ND 157 Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Harrison v. State
2020 ND 156 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Helm
2020 ND 155 Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court. |
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City of Jamestown v. Schultz
2020 ND 154 Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test. |
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Norby v. Hinesley, et al.
2020 ND 153
Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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Holter v. City of Mandan
2020 ND 152
Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property. |
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State v. Harstad
2020 ND 151 Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct. |
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Zundel v. Zundel, et al.
2020 ND 150
Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous. |
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State v. Kuntz
2020 ND 149 Highlight: A district court’s order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Wisnewski v. Wisnewski
2020 ND 148
Highlight: The domestic violence presumption under N.D.C.C. § 14-09-29(2) is only rebutted by clear and convincing evidence. |
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Lavallie v. Jay, et al.
2020 ND 147
Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived. |
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Grove v. NDDOT
2020 ND 146
Highlight: When a party fails to raise an issue at an administrative hearing, the issue is normally precluded from review on appeal. We will reverse a district court’s decision when the basis of the decision was not raised in the administrative hearing. |
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Nat'l Parks Conservation Assn., et al. v. ND Dep't of Environmental Quality, et
2020 ND 145
Highlight: An agency’s reasonable interpretation of a regulation is entitled to deference, and an agency’s decision in complex or technical matters involving agency expertise is entitled to appreciable deference. |
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State v. Pouliot
2020 ND 144
Highlight: The 2019 amendment to N.D.C.C. § 39-20-01(3)(b) limits the scope of the exclusion of evidence “to proof of refusals” in an “administrative proceeding.” |
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Franciere v City of Mandan
2020 ND 143
Highlight: A judgment granting dismissal based on lack of personal jurisdiction due to insufficient service is modified to dismiss without prejudice, and affirmed as modified. |
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Truelove v. State
2020 ND 142 Highlight: A district court’s order denying an application for post-conviction relief after finding that counsel’s representation was not ineffective was not clearly erroneous. |
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Kalmio v. State
2020 ND 141 Highlight: Orders denying postconviction relief and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Dale Exploration, et al. v. Hiepler, et al.
2020 ND 140
Highlight: Under the law of the case doctrine, a party cannot relitigate issues on a second appeal which were resolved in the first appeal or which would have been resolved if they had been properly presented in the first appeal. |
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State v. Blake
2020 ND 139 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Poole v. State
2020 ND 138 Highlight: A district court’s order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Stoneart OFS LLC, et al. v. WSI
2020 ND 137 Highlight: A district court judgment affirming an administrative law judge’s order is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |