Opinions

Empower the Taxpayer, et al. v. Cory Fong, et al. 2012 ND 119
Docket No.: 20120191
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: There is no private right of action to enforce the provisions of the Corrupt Practices Act.

Disciplinary Board v. Dyer (CONSOLIDATED W/ 20120021-20120023) 2012 ND 118
Docket No.: 20120020
Filing Date: 6/7/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Evidence that the balance of a trust account fell below the total amount held in trust supports a finding that the lawyer violated N.D.R. Prof. Conduct 1.15.
A lawyer is permitted to disclose information related to the representation of a client when the lawyer is defending himself or herself in any proceeding concerning the lawyer's representation of the client, including disciplinary proceedings initiated by a third party.
A lawyer is required to comply with a hearing panel's order to disclose information related to the representation of a client during a disciplinary proceeding after the lawyer asserts all nonfrivolous claims to protect the confidential information.

Holbach v. City of Minot (Consolidated w/20110278) 2012 ND 117
Docket No.: 20110277
Filing Date: 6/7/2012
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Maring, Mary

Highlight: Municipal courts are not courts of record.
Post-conviction relief under N.D.C.C. ch. 29-32.1 is not available in municipal courts in North Dakota.

Disciplinary Board v. Summers 2012 ND 116
Docket No.: 20120061
Filing Date: 6/7/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: The Supreme Court reviews disciplinary proceedings de novo.

Working Capital #1 v. Quality Auto Body, et al. 2012 ND 115
Docket No.: 20110294
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: An eviction to recover possession of real estate is maintainable when a lessee holds over after the termination of the lease or expiration of the lessee's term.
N.D.C.C. 47-16-06 does not automatically renew a lease for up to one year when a tenant holds over and a landlord accepts a rent payment; rather, the section only raises a disputable presumption that the lease was renewed on the same terms.
Issues or arguments not raised in the district court are generally not considered on appeal.

Dakota Resource Council, et al. v. Stark County Board of County Commissioners 2012 ND 114
Docket No.: 20110172
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: A nonprofit organization that has not suffered an injury itself can sue as the representative of its members if: (1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization; and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.
Although interpretation of an ordinance presents a question of law fully reviewable on appeal, the interpretation of a zoning ordinance by a governmental entity is a quasi-judicial act, and a reviewing court should give deference to the judgment and interpretation of the governing body rather than substitute its judgment for that of the enacting body.

State v. Chacano 2012 ND 113
Docket No.: 20110218
Filing Date: 6/7/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The purpose of requiring the court's consent to dismissal under N.D.R.Crim.P. 48(a) is to prevent harassment of a defendant by charging, dismissing and recharging without placing a defendant in jeopardy.
Rule 48(a) applies to the dismissal of a criminal charge and does not require the prosecuting attorney to take any specific action before a charge dismissed without prejudice can be refiled.

State v. DeLeon (consol.w/20110351) 2012 ND 112
Docket No.: 20110350
Filing Date: 6/7/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Order revoking probation and resentencing defendant to prison is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Duffy v. State 2012 ND 111
Docket No.: 20120025
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying a petitioner's application for post-conviction relief on the basis of ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State, et al. v. Nelson (cross-reference w/20100413) 2012 ND 110
Docket No.: 20110377
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order denying motion to dismiss an administrative lien placed on prisoner spending accounts is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).