Opinions

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).

Thorson v. State (cross-reference w/ 20020212) 2012 ND 109
Docket No.: 20120002
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gress v. State (cross-reference w/20110047) 2012 ND 108
Docket No.: 20120129
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Unruh 2012 ND 107
Docket No.: 20110301
Filing Date: 6/7/2012
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court order revoking probation and an amended criminal judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Hangsleben v. Halverson 2012 ND 106
Docket No.: 20110307
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Summary judgment and award of costs and attorney's fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Minnkota Power Cooperative, Inc. v. Anderson, et al. (cons. w/20120024) 2012 ND 105
Docket No.: 20120017
Filing Date: 5/21/2012
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A party seeking to enter property to conduct testing and surveying under N.D.C.C. 32-15-06 must establish it is in the category of persons entitled to seek eminent domain.
Foreign cooperatives that have received a certificate of authority from the secretary of state are entitled to the same rights, exemptions, and privileges as similar North Dakota cooperatives. Those rights, exemptions, and privileges include the right to exercise the power of eminent domain if similar North Dakota cooperatives also have the right to exercise the power of eminent domain.