Opinions

Burleigh Cty. Social Service Bd. v. Rath 2024 ND 161
Docket No.: 20230411
Filing Date: 8/14/2024
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: The doctrine of latches does not apply to child support arrearages.

Even if the division of juvenile services has temporary custody of a minor, the child support obligor still owes child support.

The State and obligee have standing to assert a claim for child support arrearages for a child who has reached the age of majority.

The Federal Consumer Credit Protection Act does not apply to child support.

Heiser, et al. v. Dahl, et al. 2024 ND 160
Docket No.: 20230323
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.

Section 28-01-11, N.D.C.C., narrows the scope of adverse possession when it is not based on a written instrument to property protected by a substantial enclosure or when it has been usually cultivated or improved.

Possession of real property which is permissive at its inception only becomes adverse when there is a disclaimer of the true owner's title or there are acts of an unequivocal nature by the possessor putting the owner on notice of the hostile nature of the possession.

A claimant's mowing and maintenance are not unmistakable hostile uses of land to support a claim of adverse possession.

To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary for at least 20 years.

N.D. Energy Services v. Lime Rock Resources III-A, et al. 2024 ND 159
Docket No.: 20240096
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A lease must be read and considered in its entirety so that all of its provisions are taken into consideration to determine the parties' true intent.

Under a usual oil and gas lease, the lessee, in developing the leased premises, is entitled to use of the land reasonably necessary in producing the oil.

A purchaser who fails to make the requisite inquiry cannot claim the protection of a goodfaith purchaser status.

State v. Watts 2024 ND 158
Docket No.: 20230358
Filing Date: 8/1/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: When a defendant fails to object to a proposed instruction properly or fails to specifically request an instruction or object to the omission of an instruction, the issue is not adequately preserved for appellate review and the inquiry is limited to whether the jury instructions constitute obvious error affecting substantial rights.

To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.

Improper comment about a defendant's invocation of the right to remain silent is a constitutional error that may be reviewed on appeal even though not raised at trial. When a defendant fails to object to alleged misconduct, we will not reverse unless the misconduct constitutes obvious error

Nordquist v. Alonge, et al. 2024 ND 157
Docket No.: 20230329
Filing Date: 8/1/2024
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Bahr, Douglas Alan

Highlight: A petitioner for a writ of mandamus must show a clear legal right to performance of the act sought to be compelled and must establish no plain, speedy, and adequate remedy exists in the ordinary course of law.

When a deed does not use an existing tract currently recorded, and Instead, the deed attempts to convey a portion of land not previously recorded in the tract index as a tract or parcel of land. The description in the deed changes the property description.

Under N.D.C.C. § 57-02-39, the Auditor has discretion to request a replat of the land if certain conditions are met.

Property ownership is an issue for a court to decide in an appropriate proceeding involving the individuals who claim ownership to the property.

Fiebiger v. Anderson 2024 ND 156
Docket No.: 20240129
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: In summary judgment proceedings, the non-moving party cannot rely on pleadings or unsupported conclusionary allegations. The non-moving party must present admissible evidence that raises an issue of material fact. If the non-moving party does not meet their burden, the district court may grant summary judgment

Morales v. Weatherford U.S., et al. 2024 ND 155
Docket No.: 20230110
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Recovery under a theory of negligence requires a plaintiff to show the defendant owed a duty of care. Whether a duty exists is a legal question to be decided on the facts. Under premises liability law, landowners owe a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances. A landowner's duty to protect entrants upon the land or warn of dangerous conditions is limited when the dangerous condition is known or obvious to the entrant. Roadways present an open and obvious danger to pedestrians of being struck by vehicular traffic. A landowner may have a duty to protect against open and obvious dangers when there is reason to expect that an entrant's attention may be distracted. The distraction exception is not available when the plaintiff is the source of inattention.

Anderson v. Foss, et al. 2024 ND 154
Docket No.: 20240008
Filing Date: 8/1/2024
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court's order is affirmed in part and remanded for 30 days while retaining jurisdiction under N.D.R.App.P. 35(a)(3) for no further proceedings other than to provide the additional findings requested by the Court.

State v. Reiswig 2024 ND 153
Docket No.: 20240048
Filing Date: 8/1/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: This Court employs a trustworthiness approach when analyzing whether a confession is sufficiently corroborated. Under this approach, not every statement made in a confession must be independently verified; instead, we look to a statement made in its entirety and the facts and circumstances in which it was made to determine if it is reliable and trustworthy.

A person of reasonable caution could conclude the statement "we did have sex" means sexual intercourse meeting the statutory definition of a sexual act under N.D.C.C. § 12.1-20-02(4).

State v. Prescott 2024 ND 152
Docket No.: 20230325
Filing Date: 7/18/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(7).