Opinions

Disciplinary Board v. Mahler 2012 ND 124
Docket No.: 20120093
Filing Date: 7/17/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Haugland v. City of Bismarck 2012 ND 123
Docket No.: 20110077
Filing Date: 7/6/2012
Case Type: Appeal - Civil - Tax Realted
Author: Sandstrom, Dale

Highlight: Urban renewal statutes authorize a municipality to engage in an enterprise for a public purpose within the meaning of the gift clause provision of the state constitution.
Urban renewal statutes are rationally related to legitimate government purpose.
A modification of an urban renewal plan that substantially changes a prior renewal plan requires a municipal resolution that the renewal area consists of slum or blighted area.
A municipality is not required to remove parcels of property from a renewal area after the specific parcel has been redeveloped.
Urban renewal law does not authorize a perpetual urban renewal plan for a renewal area.

Kosobud v. Kosobud 2012 ND 122
Docket No.: 20110296
Filing Date: 6/13/2012
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: Assets accumulated after separation but prior to divorce are included in the marital estate.
The sporadic nature of the parties' marriage is a valid consideration for a court in making an equitable division of property.
Marital property valuations are not clearly erroneous if they are within the range of evidence presented.
When the exact dates of retirement and the resulting income reductions following retirement are unknown, a court may order permanent spousal support despite the obligor's approaching retirement.
When a motion for new trial is made in the district court, the moving party is limited on appeal to a review of the grounds presented to the district court.

Skachenko v. Skachenko 2012 ND 121
Docket No.: 20110370
Filing Date: 6/12/2012
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A district court does not abuse its discretion when it denies a party's motion to use frozen marital funds to conduct a business evaluation when the moving party has access to non-frozen, separate funds and has not addressed why the non-frozen, separate funds cannot be used.
A district court does not abuse its discretion when it denies a post-trial motion to include, as a separate asset of the marital estate, a loan owed by a party's business to the party when the loan was not included on the property and debt listing filed with the court and was not at issue prior to or during trial.
A district court has discretion to award attorney fees as a sanction for misconduct during litigation and must make findings regarding culpability of the party against whom sanctions are being imposed, prejudice against the moving party, and the availability of less severe alternative sanctions.

State v. Schmidt 2012 ND 120
Docket No.: 20110234
Filing Date: 6/7/2012
Case Type: Appeal - Criminal - Theft
Author: Sandstrom, Dale

Highlight: A private party cannot be considered an agent of the State merely because a police officer requested surveillance video from him as part of the investigation.
A police officer's failure to collect evidence in the first instance is not a violation of Brady v. Maryland, 373 U.S. 83 (1963).
A defendant is not deprived of his right to confront a witness against him when the witness testified at trial and was subject to the defendant's cross-examination.

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.