Opinions

Paulson v. Paulson 2010 ND 100
Docket No.: 20090225
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Because a discretionary trust interest is an expectancy that gave no assurance of any future benefit, the trial court did not err in excluding the trust from the marital estate.
The trial court may consider how long the parties have lived together and then marry in its spousal support determination.

Dutton v. Workforce Safety & Insurance 2010 ND 99
Docket No.: 20090177
Filing Date: 6/10/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: A permanent partial impairment evaluation must be conducted by an independent, unbiased physician.
In determining whether a claimant is entitled to attorney fees and costs under N.D.C.C. 28-32-50(1), 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.

Matter of Midgett (Cross-Ref w/20080255 & 20070109) 2010 ND 98
Docket No.: 20090253
Filing Date: 6/10/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Where the district court makes sufficiently detailed findings of fact, supported by the record, on whether a committed individual has serious difficulty controlling his behavior, the reviewing court will not reverse on that issue.

City of Fargo v. Knodle 2010 ND 97
Docket No.: 20100004
Filing Date: 6/10/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Judgment entered after defendant was found guilty of driving while under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Wolff (Interim Suspension) 2010 ND 96
Docket No.: 20100150
Filing Date: 6/7/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Botner v. Bismarck Parks, et al. 2010 ND 95
Docket No.: 20090337
Filing Date: 5/18/2010
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Whether the district court properly granted summary judgment is a question of law reviewed de novo on the entire record.
Under premises liability law, a landowner owes a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.
A public swimming pool owner owes a general duty to supervise swimmers.

Sonnenberg v. Sonnenberg 2010 ND 94
Docket No.: 20090353
Filing Date: 5/17/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When an obligor owes a duty of support to at least one obligee, as well as a duty of support to a child living with the obligor who is not also a child of that obligee, the child support guidelines require that the district court make an allowance for the child living with the obligor.
When calculating an obligor's annual gross income, the district court must use the obligor's previous year's tax return unless the court makes a specific finding that the income reflected on the tax return is not a reliable indicator of future income.
The district court should generally make a modification of child support effective from the date of the motion to modify, although the court retains discretion to set some later effective date, so long as its reasons for doing so are clear or explained.
The district court may retroactively modify a child support obligation when both parties agree to a change in primary residential responsibility and the obligor moves for relief from the judgment under N.D.R.Civ.P. 60(b)(vi).

Estate of Loomer (cross ref. w/20070018) 2010 ND 93
Docket No.: 20090175
Filing Date: 5/14/2010
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: Partition is an equitable remedy governed by equitable principles, and district courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties.
A district court's findings in a partition action will not be reversed on appeal unless clearly erroneous.

Skogen, et al. v. Hemen Township Board, et al. 2010 ND 92
Docket No.: 20090301
Filing Date: 5/14/2010
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A township has a mandatory duty to construct or reconstruct a township road in a manner that does not obstruct the natural flow and drainage of surface waters in accordance with the stream crossing standards prepared by the department of transportation and the state engineer.
A township that reconstructs a township road without complying with stream crossing standards prepared by the department of transportation and the state engineer may be liable for damages.

Stenehjem, ex rel. v. Crosslands, Inc. 2010 ND 91
Docket No.: 20090199
Filing Date: 5/13/2010
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: For the purposes of the corporate farming law, "the land in question" refers to the entire tract purchased and requires the court to view the property as a single tract.
A remedial statute must be construed liberally with a view to effecting its objects, promoting justice, and effectuating the public policy articulated therein.