Opinions

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."

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

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

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.

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.

Reciprocal Discipline of Kenny 2010 ND 142
Docket No.: 20100194
Filing Date: 7/19/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline.

Thornton v. Klose 2010 ND 141
Docket No.: 20090320
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A temporary child support order amending a prior divorce judgment and setting the parties' child support obligations for a period of one year is appealable.
When a divorce judgment explicitly orders a child custody schedule which results in an unequal division of custodial time between the parents, it does not order "equal physical custody" and the child support offset provision does not apply.
Judgment provisions allowing the parties to mutually agree to a different custodial schedule or declaring the parties are considered to have equal physical custody for purposes of calculating child support do not trump an ordered custody schedule or convert the unequal division of custody into "equal physical custody."

Melchior v. Lystad, et al. 2010 ND 140
Docket No.: 20100045
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Summary judgment is appropriate if either litigant is entitled to judgment as a matter of law and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving factual disputes will not alter the result.
Where a grantor conveys land in such a manner as to include all of the minerals, and then reserves to himself fifty percent of the minerals, the reservation is not operative when the grantor owns only fifty percent of the minerals. Both the grant and the reservation cannot be given effect, so the grantor loses because the risk of title loss is on the grantor.
For a mutual mistake to justify reformation of a contract, it must be shown that at the time of the execution of the agreement, both parties intended to say something different from what was said in the instrument.