Opinions

Hallin, et al. v. Lyngstad, et al. 2013 ND 168
Docket No.: 20120354
Filing Date: 9/25/2013
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The language of the deed, if clear and explicit, governs its interpretation, and the parties' mutual intentions must be ascertained from the four corners of the deed, if possible.
Generally, under the common law, a reservation or exception in a deed of conveyance cannot operate as a conveyance to a third party who is a stranger to the title or deed. However, an exception or reservation in a deed may be effective to convey property to a spouse who does not have an interest in the property but joins in the deed's execution when that is determined to have been the grantor's intent.

Anderson v. Jenkins 2013 ND 167
Docket No.: 20130078
Filing Date: 9/25/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court may conclude the moving party failed to establish a prima facie case for change of primary residential responsibility only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
Unless the opposing party's counter-affidavits conclusively establish the movant's allegations have no credibility, the district court must accept the truth of the moving party's allegations.

State v. Zander 2013 ND 166
Docket No.: 20130069
Filing Date: 9/25/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Possession of a controlled substance conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

State v. Moran 2013 ND 165
Docket No.: 20130061
Filing Date: 9/25/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of marijuana with intent to deliver and possession of marijuana paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Rebel v. Rebel (consolidated with 20130033) 2013 ND 164
Docket No.: 20130032
Filing Date: 9/25/2013
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: The district court may grant a disorderly conduct restraining order if the petitioner complies with the statutory procedural requirements and if, after a hearing, the court finds reasonable grounds to believe the respondent has engaged in disorderly conduct.
Disorderly conduct means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person but does not include constitutionally protected activity. The constitutional right to freedom of speech does not protect "fighting words" that tend to incite an immediate breach of the peace.

State v. Nefzger 2013 ND 163
Docket No.: 20130085
Filing Date: 9/25/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment after a defendant conditionally pled guilty to drug-related charges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Ratteray 2013 ND 162
Docket No.: 20120446
Filing Date: 9/25/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition and creation of sexually expressive images is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Interest of C.R. 2013 ND 161
Docket No.: 20130235
Filing Date: 9/25/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court judgment terminating a father's parental rights is affirmed under N.D.R.App.P. 35.1(a)(7).

Thimjon Farms Partnership, et al. v. First International Bank & Trust 2013 ND 160
Docket No.: 20120440
Filing Date: 9/6/2013
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Interference with an existing contract is justified if done for legitimate business reasons and without malice.
Unlawful interference with business requires that the defendant committed a tortious or otherwise unlawful act independent of the interference.
Equitable or promissory estoppel requires reliance on the defendant's representation.
The essential element of recovery for unjust enrichment is the receipt of a benefit by a defendant which would be inequitable to retain without paying for its value.
A plaintiff claiming conversion must show he had an interest in the property at the time of the conversion that entitled him to possession.
Deceit requires misrepresentation inducing the plaintiff to alter his position to his detriment.

Four Seasons Healthcare Center, Inc. v. Linderkamp, et al. (cons. w/20120433) 2013 ND 159
Docket No.: 20120432
Filing Date: 9/4/2013
Case Type: Appeal - Civil - Debtor/Creditor
Author: Kapsner, Carol

Highlight: Parol evidence may be used to establish the consideration for the conveyance of land.
A district court's findings of fact will not be overturned on appeal unless the findings are clearly erroneous, and under that standard, an appellate court may not reweigh evidence or reassess the credibility of witnesses.