Opinions

Vacancy in Judgeship No. 2, SEJD 2014 ND 77
Docket No.: 20140077
Filing Date: 4/17/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Valley City.

Heidt v. Heidt 2014 ND 76
Docket No.: 20130371
Filing Date: 4/16/2014
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Amended divorce judgment denying spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Thrasher 2014 ND 75
Docket No.: 20130285
Filing Date: 4/14/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Knorr, et al. v. Norberg, et al. 2014 ND 74
Docket No.: 20130084
Filing Date: 4/9/2014
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A long-term lease with an option to purchase real property ordinarily requires a signed written agreement.
To take a contract out of the statute of frauds, the party seeking to enforce the oral contract must establish part performance that is consistent only with the existence of the alleged oral contract.
Promissory estoppel and constructive trust involve questions of fact subject to the clearly erroneous standard of review.

Matter of D.J.D. (CONFIDENTIAL) 2014 ND 73
Docket No.: 20140076
Filing Date: 4/9/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights and granting petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Finstad, et al. v. Gord, et al. 2014 ND 72
Docket No.: 20130342
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Extrinsic evidence is inadmissible to vary the terms of an unambiguous quitclaim deed which has been delivered and recorded.
When a party has no interest in a parcel of land, that party does not have standing to challenge the validity of another party's title to the land.

Stenehjem, ex rel. v. National Audubon Society, Inc. 2014 ND 71
Docket No.: 20130279
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Laches, as an affirmative defense, may in limited circumstances be applied against the government. Whether laches applies against the government is determined on a case-by-case basis with a careful weighing of the inequities that would result if the doctrine is not applied versus the public interest at stake and the resulting harm to the public interest if laches is applied.
Identical and conflicting presumptions balance and cancel each other out. Whether a presumption arises and whether a presumption has been rebutted are questions of fact governed by the clearly erroneous standard of review.

Lind v. Lind 2014 ND 70
Docket No.: 20130296
Filing Date: 4/8/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The party seeking modification of spousal support bears the burden of proving there has been a material change in the financial circumstances warranting a change in the amount of support.
A remedial sanction for contempt requires a willful and inexcusable intent to violate a court order.
Contempt of court includes intentional disobedience, resistance, or obstruction of the authority, process, or order of a court or other officer.

Law v. Whittet, et al. 2014 ND 69
Docket No.: 20130241
Filing Date: 4/7/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Although not required to make a separate finding on each best interest factor or to address each minute detail presented in the evidence when determining primary residential responsibility, the district court may not wholly ignore and fail to acknowledge or explain significant evidence clearly favoring one party.
Domestic violence includes violence directed at any member of a household or family.
Domestic violence, even if not directed at the child, is presumed to affect the best interests of the child.

Topolski v. Topolski 2014 ND 68
Docket No.: 20130276
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court has substantial discretion in deciding primary residential responsibility, but the court must consider all of the applicable best interest factors.
A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review.
If the previous primary residential responsibility placement was based on a stipulation, the district court must consider all relevant evidence, including pre-divorce conduct and activities, when determining whether to modify primary residential responsibility.