Opinions

Holkesvig v. Dakota Spas 2014 ND 9
Docket No.: 20130214
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A disorderly conduct restraining order can be sought only against a human being.

Gustafson, et al. v. Gustafson, et al. 2014 ND 8
Docket No.: 20130206
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: A telephone call is not an appearance entitling a party to notice before entry of default judgment when the party speaks to no one and leaves only a recorded message stating his name and requesting a return call.

Trosen v. Trosen, et al. 2014 ND 7
Docket No.: 20130034
Filing Date: 1/4/2014
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: To satisfy the statute of frauds, a writing must contain all of the essential or material terms and conditions of the contract, and parole evidence may not be used to supply a missing essential term of the agreement.
Part performance of an agreement or contract for the leasing of property for longer than a one-year may bar the assertion of the statute of frauds.
To succeed on a claim of part performance, a party must first prove the circumstances of the case meet the general prerequisites to equitable relief and the party must show that the alleged part performance is consistent only with the existence of the alleged oral contract.

Broadwell v. State (cross-reference w/20120224) 2014 ND 6
Docket No.: 20130211
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Courts need not address both elements of the ineffective assistance of counsel test, and if a court can dispose of the case by addressing only one element, it is encouraged to do so.

Conzemius v. Conzemius 2014 ND 5
Docket No.: 20130125
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court is not required to calculate speculative, distant future tax consequences when dividing marital property.
A party's income under the Child Support Guidelines will not necessarily be equal to the party's earning ability under a spousal support analysis.

State v. Hart (consolidated w/20130168) 2014 ND 4
Docket No.: 20130165
Filing Date: 1/14/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Police may conduct a warrantless protective sweep inside a home when officers possess a reasonable belief, based on specific and articulable facts, which, taken together with rational inferences drawn from those facts, reasonably warrant the officer in believing that the area to be swept harbors an individual posing a danger to the officer or others.
A warrantless protective sweep of a home is not justified when officers rely on evidence seized from a different residence and the only connection between the two houses is the fact that one of the suspects was previously at the first residence searched and then left.

Sagebrush Resources, LLC v. Peterson, et al. 2014 ND 3
Docket No.: 20130080
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A district court may award attorney fees for allegations and denials in any pleadings in court that are made without reasonable cause and not in good faith and are found to be untrue.

Lucas v. Lucas (cross-reference w/20110365) 2014 ND 2
Docket No.: 20130070
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court has broad discretion in making a primary residential responsibility decision, but the court must consider all of the relevant statutory best-interest factors in reaching its decision.
Although a separate finding is not required for each statutory best-interest factor, the district court's findings must contain sufficient specificity to show the factual basis for the primary residential responsibility decision.

Disciplinary Board v. Tollefson (Consolidated w/ 20130344 & 20130345) 2014 ND 1
Docket No.: 20130343
Filing Date: 1/9/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Reep, et al. v. State, et al. (consolidated w/20130111) 2013 ND 253
Docket No.: 20130110
Filing Date: 12/26/2013
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: The State of North Dakota owned mineral interests under the shore zone of navigable waters upon admission to the Union, and the anti-gift clause of the state constitution precludes construing a statute as a gift of the State's mineral interests to upland owners.
Ownership of mineral interests under the shore zone of navigable waters may differ for individual upland owners.
If the chain of title reflects the State granted its equal footing interests to upland owners, those upland owners take to the low watermark, subject to the public trust doctrine and except where the deed provides otherwise.