Opinions

D&P Terminal, et al. v. City of Fargo 2012 ND 149
Docket No.: 20110194
Filing Date: 7/18/2012
Case Type: Appeal - Civil - Tax Realted
Author: Crothers, Daniel John

Highlight: A special assessment commission is not prohibited from using a formula such as front footage or square footage to determine the amount of benefit to properties within an improvement district.

Hale v. State of North Dakota, et al. 2012 ND 148
Docket No.: 20110146
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Economic development constitutes an enterprise for a public purpose under the gift clause provision of the state constitution.
A party must do more than submit bare assertions to adequately raise constitutional issues, and without supportive reasoning or citation to relevant authorities, a constitutional argument is without merit.

State v. Chisholm 2012 ND 147
Docket No.: 20110228
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: When a defendant in a homicide case argues self-defense, evidence of specific instances of prior violent conduct by the victim may be admissible to show the defendant's state of mind if he was aware of the prior conduct, but the district court may in its discretion refuse to admit evidence of prior conduct which is too remote in time.

Rinas v. Engelhardt 2012 ND 146
Docket No.: 20120019
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Review of the specific terms of relief provided in a domestic violence protection order is limited to whether the district court acted within its statutory authority in granting the relief. This standard of review has been called the abuse-of-discretion standard in other, similar contexts.
A domestic violence protection order may be modified at any time upon a petition filed by either party.
District courts should attempt to reconcile the visitation terms in a domestic violence protection order and those established in a future custody action.

State v. Mertz 2012 ND 145
Docket No.: 20120087
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: The specific crime intended to be committed in the premises is not an element of burglary.
Testimony that a defendant without permission to enter residence forced his way through a locked door is sufficient to support a jury finding that the defendant entered the residence with intent to commit a crime therein.

Hale v. Ward County, et al. 2012 ND 144
Docket No.: 20110171
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The district court may not weigh the evidence, determine credibility or attempt to discern the truth of the matter when ruling on a motion for summary judgment.
Property owner's speculation that a shooting range posed a danger to his property is not sufficient to raise a genuine issue whether the shooting range was a private nuisance.

Recovery Resources, LLC v. Cupido, et al. 2012 ND 143
Docket No.: 20120177
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Debtor/Creditor
Author: Maring, Mary

Highlight: A court's division of debts in a divorce action does not affect the rights of third-party creditors.
Under N.D.C.C. 14-07-08(3), a husband and wife are jointly and severally liable for any debts contracted by either, while living together, for certain necessary goods and services.

Holkesvig v. Welte (cons. w/20110374-375)(cross-ref 20100315-317 & 20110102-104) 2012 ND 142
Docket No.: 20110373
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: After a district court has issued an order enjoining a litigant from filing certain further lawsuits without leave of court, the court does not abuse its discretion in denying the litigant's motion to file new lawsuits when the new lawsuits are derivative of the claims previously raised by the litigant.
District courts have inherent authority to protect against abuses of judicial process, and a district court does not abuse its discretion when it narrowly tailors an injunction to enjoin conduct specifically related to a litigant's prior abuses.

EVI Columbus, LLC v. Lamb, et al. 2012 ND 141
Docket No.: 20110320
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: If the time allowing a party to amend a pleading as a matter of course has passed, the party may still amend the pleading after obtaining the opposing party's written consent or the court's leave.
Under N.D.R.Civ.P. 8(a), a pleading must contain a short and plain statement showing the pleader is entitled to relief and a demand for the relief sought.
Issues or arguments raised for the first time on appeal are usually not considered.

State v. Bruce 2012 ND 140
Docket No.: 20110360
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: For menacing, a victim's subjective fear of imminent serious bodily injury resulting from an encounter with a defendant may be considered.