Opinions

Johnson v. State (consolidated w/20110042) 2011 ND 98
Docket No.: 20110041
Filing Date: 6/21/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Estate of Dionne (cross-reference w/20090016) 2011 ND 97
Docket No.: 20100353
Filing Date: 6/21/2011
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Judgment that parties intended to convey the entirety of certain real estate summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Disciplinary Board v. McDonagh 2011 ND 96
Docket No.: 20110167
Filing Date: 6/10/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Riverwood Commercial Park, et al. v. Standard Oil Co., et al. (Cross w/20060122 2011 ND 95
Docket No.: 20100268
Filing Date: 5/20/2011
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Grants of interests in real property are interpreted in like manner with contracts in general.
The principal difference between an easement and a license is that a license is revocable at will.
If extrinsic evidence is conclusive and undisputed, the determination of the meaning of a contract is a function for the court to resolve as a matter of law.

Spratt v. MDU Resources Group, Inc., et al. 2011 ND 94
Docket No.: 20100266
Filing Date: 5/18/2011
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Crothers, Daniel John

Highlight: The modified McDonnell Douglas test used in employment discrimination cases is inapplicable when the plaintiff presents direct evidence of discrimination.
To survive a motion for summary judgment in an age discrimination case, there must be some showing beyond the mere fact that the terminated employee was over age forty.

Workforce Safety & Insurance v. Auck (cross-reference 20090223) 2011 ND 93
Docket No.: 20100330
Filing Date: 5/13/2011
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: An administrative agency's position is substantially justified if a reasonable person could think the position is correct and the position has a reasonable basis in law and fact.

Kasowski v. N.D. Dep't of Transportation 2011 ND 92
Docket No.: 20100232
Filing Date: 5/12/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: The limited statutory right of a driver to consult with an attorney before submitting to a chemical test for intoxication attaches only after an arrest.
A driver under arrest for a DUI must make an affirmative mention of the need for an attorney in order to invoke his right to contact an attorney.

Smestad v. Harris 2011 ND 91
Docket No.: 20100216
Filing Date: 5/11/2011
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: Failure to adequately brief arguments on appeal precludes relief on those issues.
The district court is the best credibility evaluator in cases of conflicting testimony.
If the aggregate amount of a series of loans is $25,000 or more, an oral agreement for the loans is unenforceable.

Locken v. Locken, et al. 2011 ND 90
Docket No.: 20100297
Filing Date: 5/11/2011
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Under the statute of limitations to cancel or enforce a contract for deed, the due date of the last payment on the indebtedness secured by the contract for deed means the record date the contract for deed was satisfied.

Interest of T.B. (CONFIDENTIAL) 2011 ND 89
Docket No.: 20100267
Filing Date: 5/11/2011
Case Type: Appeal - Civil - Juvenile Law
Author:

Highlight: Juvenile court referee's order and juvenile court's order are summarily affirmed under N.D.R.App.P. 35.1(a)(2).