Opinions

M.M., et al. v. Fargo Public School Dist. #1, et al.(cross-reference w/ 20090121 2012 ND 79
Docket No.: 20110260
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: When statutes are silent on an issue, courts may consider authorities from outside the state to resolve the issue.
A parent is not entitled to recover medical expenses paid on behalf of an injured minor child whose comparative fault exceeds the fault of the tortfeasor.

Northern Excavating v. Sisters of Mary of the Presentation 2012 ND 78
Docket No.: 20110209
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: When no amount is stated in a construction contract, the amount of a filed construction lien must be reasonably accurate for the lienholder to avoid liability for the owner's costs and reasonable attorney's fees.
Under N.D.C.C. 35-27-24.1, an owner who successfully contests the validity or accuracy of a construction lien is entitled to all attorney's fees and costs associated with the lien contest.
Determination of who is a prevailing party is based upon success on the merits, not damages.

Schock v. N.D. Dept. of Transportation 2012 ND 77
Docket No.: 20110254
Filing Date: 4/10/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Common sense and experience permit an administrative hearing officer to aid in drawing inferences from the evidence presented.
An administrative hearing officer may take official notice of daylight savings time.
The statute requiring a hearing officer to "immediately deliver to the person a copy of the decision," is not basic and mandatory.

State v. Alaniz 2012 ND 76
Docket No.: 20110259
Filing Date: 4/10/2012
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: The Fourth Amendment right to be free from unreasonable searches applies to searches by school authorities, and the legality of the search depends on its reasonableness.
A search by a school official is reasonable if the search was justified at its inception and the search was reasonably related in scope to the circumstances which justified the interference in the first place.
Generally, the reasonableness standard for school searches will apply when the search involves a school resource officer acting on his or her own initiative or at the direction of other school officials to further educationally related goals.

State v. Morin 2012 ND 75
Docket No.: 20110303
Filing Date: 4/10/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A district court decision on a motion to suppress evidence will be affirmed if there is sufficient competent evidence to support the district court's findings and the decision is not contrary to the manifest weight of the evidence.
When determining whether consent to a warrantless search was voluntary, the existence or absence of certain factors concerning the condition and characteristics of the individual at the time of consent and the details of the setting in which consent was obtained are significant, but no one factor is dispositive.

Morris v. Moller 2012 ND 74
Docket No.: 20110196
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Parenting investigators must strictly adhere to their Code of Conduct when rendering services.
The fact that a district court agreed with a parenting investigator's analysis and conclusions is not in itself clearly erroneous.

Fetzer v. Workforce Safety and Insurance 2012 ND 73
Docket No.: 20110251
Filing Date: 4/10/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Claimants for workers' compensation benefits must prove a causal connection between their employment and injury.
The positional-risk doctrine is rejected because it negates the necessity of proving causation.

Dakota Resource Council v. ND Public Service Commission, et al. 2012 ND 72
Docket No.: 20110226
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Section 38-14.1-24(2), N.D.C.C., does not establish a hierarchy of postmining land uses.

Holbach v. City of Minot (cross-ref. 20070042, 20070289, 20090038 & 20100144) 2012 ND 71
Docket No.: 20110276
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief application summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Adoption of K.R.H.N. (CONFIDENTIAL) 2012 ND 70
Docket No.: 20120139
Filing Date: 4/10/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Decree terminating parental rights and granting petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2).