Opinions

Huber v. Farmer's Union Service Ass'n, et al. 2010 ND 151
Docket No.: 20090388
Filing Date: 8/17/2010
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: A provision of a contract must in and of itself be inherently illegal to be unlawful for purposes of N.D.C.C. 9-08-01.
The doctrines of frustration of purpose and impossibility of performance do not apply if either the frustration or the impossibility is caused by a party to the contract.
Prejudgment interest may be awarded where party fails to avail itself of procedures for depositing disputed funds with the court.

Richter v. N.D. Dep't of Transportation 2010 ND 150
Docket No.: 20100026
Filing Date: 8/17/2010
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: A stop or seizure occurs under the Fourth Amendment when a law enforcement officer has in some way restrained the liberty of a citizen, and the mere approach and questioning of a person in a parked vehicle may not constitute a stop or seizure.
Criteria for evaluating whether a stop or seizure has occurred include the threatening presence of several law enforcement officers, a display of a weapon by an officer, some physical touching of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request is compelled.
To the extent prior precedent holds a Fourth Amendment stop or seizure occurs whenever a law enforcement officer taps on a window of a parked motor vehicle, that precedent is overruled.
Specifications of error in an administrative appeal must identify what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.

S.H.B. v. T.A.H. (CONFIDENTIAL) 2010 ND 149
Docket No.: 20090267
Filing Date: 8/17/2010
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: To establish abandonment under N.D.C.C. 27-20-02(1)(a), a petitioner seeking termination of a parent's parental rights must show that the parent intended to abandon the child.
If a party fails to properly raise an issue or argument in the trial court, the party is precluded from raising that issue or argument on appeal.

Pembina Co. Water Resource Brd. v. Cavalier Co. Water Resource Brd. 2010 ND 148
Docket No.: 20100037
Filing Date: 8/17/2010
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Kapsner, Carol

Highlight: A petitioner for a writ of mandamus must demonstrate that there is no other plain, speedy, and adequate remedy in the ordinary course of law.

Interest of R.S. (CONFIDENTIAL) 2010 ND 147
Docket No.: 20100036
Filing Date: 8/17/2010
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: Under N.D.C.C. 27-20-02(8)(a), "deprived child" means "a child who . . . [i]s without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents, guardian, or other custodian."

Judicial Vacancy in Judgeship No. 4, SEJD (see 20100169 and 20100174) 2010 ND 145
Docket No.: 20100130
Filing Date: 8/3/2010
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at New Rockford.

Petition to Change Judgeship No. 4 Chambers from New Rockford to Carrington 2010 ND 145
Docket No.: 20100169
Filing Date: 8/3/2010
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Petition to Change Judgeship No. 4 Chambers from New Rockford to Lisbon 2010 ND 145
Docket No.: 20100174
Filing Date: 8/3/2010
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

State v. Blunt (cross-reference w/20070247) 2010 ND 144
Docket No.: 20090110
Filing Date: 7/16/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: In determining what constitutes an acquittal, the label used by the district court is not conclusive and the reviewing court will consider the substance of the district court's ruling to determine whether it actually represents a resolution of some or all of the factual elements of the offense charged.
The district court may withdraw from the jury's consideration particular factual issues or legal theories not supported by the evidence and submit the remaining factual issues and legal theories to the jury.
The State may elect to charge each misapplication of entrusted property as a separate offense, or the State may charge all misapplication of entrusted property as a single offense.

Woodward v. Woodward (Cross-Ref w/20080343 & 20090053) 2010 ND 143
Docket No.: 20090316
Filing Date: 7/15/2010
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, and the test for appearance of impartiality is one of reasonableness and recusal is not required in response to spurious or vague charges of impartiality.
Persistent and willful denial or interference with parenting time is grounds for modification of primary residential responsibility.