Opinions

State v. Anaya-Verajerano 2012 ND 210
Docket No.: 20120268
Filing Date: 10/23/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment entered upon a jury verdict finding defendant guilty of conspiracy to commit burglary and conspiracy to commit theft is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Smith 2012 ND 209
Docket No.: 20120234
Filing Date: 10/23/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Holkesvig v. Grove (consol. w/ 20120225) 2012 ND 208
Docket No.: 20120169
Filing Date: 10/23/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Summary judgment dismissing claims alleging misconduct by a law enforcement officer and orders denying post-judgment motions and prohibiting the plaintiff from filing further motions or pleadings is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

State v. McGeehan 2012 ND 207
Docket No.: 20120164
Filing Date: 10/23/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment after a jury found a defendant guilty of simple assault on a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Hankey 2012 ND 206
Docket No.: 20120304
Filing Date: 10/15/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Disciplinary Board v. Summers 2012 ND 205
Docket No.: 20120317
Filing Date: 10/1/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Walstad v. Walstad 2012 ND 204
Docket No.: 20120059
Filing Date: 10/1/2012
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Punitive damages are not authorized in an independent action in equity challenging a prior divorce judgment.

Carlson v. Workforce Safety & Insurance, et al. (Cross-reference w/20080250) 2012 ND 203
Docket No.: 20110163
Filing Date: 10/1/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: The "law of the case" doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.
The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

Tarnavsky v. Tarnavsky, et al. (cross-reference w/20020292, 20050457, 20070161) 2012 ND 202
Docket No.: 20120200
Filing Date: 9/28/2012
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: Civil judgment denying an applicant's petition for an emergency temporary restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Wheeler v. Southport Seven Planned Unit Dev., et al. 2012 ND 201
Docket No.: 20110323
Filing Date: 9/27/2012
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The creation of a planned unit development ("PUD") is a legislative act, and PUD provisions are zoning ordinances. Restrictive covenants and zoning ordinances are tools used to restrict the use of real property.
A covenant to contribute one's share of the neighborhood's maintenance expenses is an affirmative covenant.
Covenants contained in a grant of an estate in real property, which are made for the direct benefit of the property or some part of it then in existence, run with the land, including covenants for the payment of rent, taxes, or assessments upon the land on the part of a grantee.