Opinions

Holkesvig v. Grove (cross reference w/ 20120169 & 20120225) 2014 ND 57
Docket No.: 20130176
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Res judicata and collateral estoppel bar courts from relitigating claims and issues.
Although a district court is generally divested of jurisdiction over a case when a notice of appeal is filed, the court retains jurisdiction over certain collateral matters, including the court's inherent authority or power to control its docket.

Regan v. Lervold 2014 ND 56
Docket No.: 20130200
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The party moving for modification of primary residential responsibility has the burden of proving a material change in circumstances has occurred.
A material change in circumstances is an important new fact not known at the time of the prior custody decree, but not every change will be sufficient to warrant a change of custody.

Vacancy in Judgeship No. 8, SCJD 2014 ND 55
Docket No.: 20140108
Filing Date: 3/31/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Supreme Court takes judicial notice of prior proceeding and orders judgeship retained and filled according to law.

Vacancy in Judgeship No. 4, NCJD 2014 ND 54
Docket No.: 20140065
Filing Date: 3/26/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained in Minot.

Hector v. City of Fargo 2014 ND 53
Docket No.: 20130223
Filing Date: 3/20/2014
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: An appeal from a decision imposing special assessments provides an adequate legal remedy for challenging special assessments, and a separate action for equitable relief generally will not lie for issues that are raised or could have been raised in the appeal.
Res judicata precludes relitigation of claims that were raised, or could have been raised, in prior actions between the same parties and means a valid, existing final judgment from a court of competent jurisdiction is conclusive with regard to claims raised or those that could have been raised in the prior action.

Union Bank v. Tarnavsky, et al. (consol. w/20130387; cross-ref. w/ 20110061) 2014 ND 52
Docket No.: 20130250
Filing Date: 3/14/2014
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: Orders denying motions for relief under N.D.R.Civ.P. 60(d)(1) and a judgment dismissing a cross-claim in a foreclosure case are summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Haugland v. City of Bismarck (cross ref. 20110077) 2014 ND 51
Docket No.: 20130100
Filing Date: 3/14/2014
Case Type: Appeal - Civil - Tax Realted
Author: Crothers, Daniel John

Highlight: Summary judgment is inappropriate when one can draw reasonable inferences that support the positions of both sides in a controversy and a fact-finder could draw negative inferences from the absence of documentation or records in a case.
A renewal project is authorized when it is included in a municipality's duly adopted renewal plan, and the municipality may thereafter request diversion of tax increment financing funds from the normal property tax recipients until the municipality determines the cost of renewal of the area has been paid.

Judicial Conduct Commission v. Corwin 2014 ND 50
Docket No.: 20130328
Filing Date: 3/14/2014
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: In a judicial disciplinary proceeding, whether a judge's conduct constituted sexual harassment as defined under federal or state laws is not a relevant inquiry.
The Supreme Court may suspend a judge without pay and assess costs against him for violations of the Code of Judicial Conduct.

Rodriguez v. N.D. State Penitentiary, et al. 2014 ND 49
Docket No.: 20130335
Filing Date: 3/11/2014
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: McEvers, Lisa K. Fair

Highlight: An appeal regarding calculation of eligibility for parole becomes moot when the defendant becomes eligible for parole.

Potratz v. N.D. Dep't of Transportation 2014 ND 48
Docket No.: 20130322
Filing Date: 3/11/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Repeating the inclusion of the date within the test result portion of an officer's certified report to the Department is not necessary to satisfy the statute.
Inclusion of the percent symbol and BRAC after the numerical test result within the test result portion of a deputy's certified report to the Department does not disqualify an otherwise valid test result that satisfies the statute.
Once an analytical report is accepted by the administrative hearing officer, the burden shifts to the defendant to rebut the prima facie fairness and accuracy of the analytical report.