Opinions

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.

North Central Electric Coop., Inc. v. Public Service Commission, et al. 2013 ND 158
Docket No.: 20130075
Filing Date: 9/3/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: A state may not assert regulatory authority over non-Indians on Indian-owned land within a reservation if the state's action infringes on tribal self-government.

Daniels v. Ziegler 2013 ND 157
Docket No.: 20130044
Filing Date: 8/29/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A person appealing to the district court from an administrative decision to suspend driving privileges must file specifications of error that identify what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.
The practice of incorporating by reference in an appellate brief arguments previously presented to the district court does not adequately raise those issues for consideration by the Supreme Court.

Brash v. Gulleson 2013 ND 156
Docket No.: 20120313
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Failure of consideration is an affirmative defense that arises when a valid contract has been formed, but the performance bargained for has not been rendered.
Failure of consideration is a question of fact which will not be disturbed on appeal unless clearly erroneous.
Although parol evidence is generally not admissible to vary or contradict the terms of a written contract, it is admissible to prove a failure of consideration.

State v. Nickel (consolidated w/20120418) 2013 ND 155
Docket No.: 20120395
Filing Date: 8/29/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: The protection against unreasonable searches and seizures proscribes only government action.
A warrantless search or seizure is constitutionally impermissible unless it falls within a recognized exception to the warrant requirement.
Plain view alone does not justify the warrantless seizure of evidence, and no amount of probable cause can justify a warrantless seizure of evidence absent exigent circumstances.

Bloomquist v. The Goose River Bank, et al. 2013 ND 154
Docket No.: 20130059
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: An oral agreement to loan money providing for repayment extending for a period longer than one year, and which does not include express terms governing prepayment, is barred by the statute of frauds.
Partial performance will remove an oral agreement from the statute of frauds only if it unmistakably points to and is consistent only with the existence of the oral agreement and cannot be accounted for on some other hypothesis.

Pifer v. McDermott (cross-reference 20110287) 2013 ND 153
Docket No.: 20130027
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A person may gift an option to purchase real property.
If no consideration is given for an option, the option may be withdrawn at any time before acceptance.
An option to purchase real property given without consideration is valid and enforceable if the option agreement was unconditionally accepted within the time prescribed therein and no attempt was made to withdraw it before acceptance.
Courts, whether trial or appellate, have no duty to search the record for evidence that might defeat a summary judgment motion.