Opinions

Adoption of S.M.G. (CONFIDENTIAL) 2010 ND 173
Docket No.: 20100049
Filing Date: 9/3/2010
Case Type: Appeal - Civil - Adoption
Author: Maring, Mary

Highlight: A district court's decision cannot be reviewed when the court does not provide any indication of the evidentiary and theoretical basis for its decis
ion. The trial court errs as a matter of law when it does not make the required findings.

Interest of S.L.W. (CONFIDENTIAL) 2010 ND 172
Docket No.: 20100006
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: An alleged father cannot, in a subsequent paternity action, challenge a prior judgment disestablishing the paternity of a presumed or adjudicated father based upon an allegation that the prior action was barred by the statute of limitations.
In a paternity action seeking an order of child support, the district court may order child support effective prior to the date of service of the summons and complaint as reimbursement for governmental assistance provided to the child.

Interest of Maedche 2010 ND 171
Docket No.: 20090268
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: North Dakota's commitment of sexually dangerous individuals statute is not unconstitutionally void for vagueness.

Kannianen v. White 2010 ND 170
Docket No.: 20090368
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: When interpreting the language of a prior judgment, a court must presume that the original trial judge considered existing statutes and relevant caselaw, and intended the judgment to conform to the applicable legal standards.

Investors Title Insurance Co. v. Herzig, et al. (Cross-Ref w/20090051) 2010 ND 169
Docket No.: 20090213
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: In construing a trust agreement, the primary objective is to ascertain the settlor's intent.
When a trust instrument is unambiguous, the settlor's intent is ascertained from the language of the trust document itself.
The North Dakota Uniform Trust Code recognizes and enforces valid spendthrift clauses.
The district court's decision to appoint a receiver rests in its sound discretion.
A lis pendens is notice of all facts apparent on the face of the pleadings, and of those facts of which the facts so stated necessarily put the purchaser on the inquiry.

Hector v. City of Fargo 2010 ND 168
Docket No.: 20100061
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: North Dakota law authorizes the creation of special improvement districts that include land outside the limits of a municipality.

Ackre v. Chapman & Chapman, P.C. 2010 ND 167
Docket No.: 20100044
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: To have standing, a litigant must have suffered some threatened or actual injury resulting from the putatively illegal action, the asserted harm must not be a generalized grievance shared by all or a large class of citizens, and the litigant generally must assert his or her own legal rights and interests and cannot rest a claim for relief on the legal rights and interests of third parties.
A plaintiff may have standing to bring an unlawful practice claim against a business competitor if the plaintiff can show the putatively illegal action caused some threatened or actual injury to his or her legal rights and interests.

Schwarz, et al. v. Gierke 2010 ND 166
Docket No.: 20090220
Filing Date: 8/30/2010
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A denial of a motion to compel arbitration is reviewed under the de novo standard, unless the lower court's decision was based on factual findings, in which case the clearly erroneous standard applies.
Recognizing a strong state and federal public policy favoring the arbitration process, courts resolve any doubts concerning the scope of arbitrable issues in favor of arbitration when there is a broad arbitration clause and no exclusion clause.
Before a party may be compelled to arbitrate, a court must determine whether a valid agreement to arbitrate exists between the parties and whether the specific dispute falls within the substantive scope of that agreement.

Peterson v. Peterson 2010 ND 165
Docket No.: 20090173
Filing Date: 8/24/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: In awarding spousal support, the district court must consider the relevant factors of the Ruff-Fischer guidelines.
An award of spousal support may be appropriate to recognize a spouse's role in contributing to the development of the other spouse's earning capacity during the marriage.

Bala, et al. v. State 2010 ND 164
Docket No.: 20090312
Filing Date: 8/23/2010
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Eminent domain takes property because it is useful to the public, while the police power regulates the use of, or impairs rights in, property to prevent detriment to the public interest, and constitutional provisions against taking private property for public use without just compensation impose no barrier to the proper exercise of the police power.
The imposition of a tax, even an invalid one, generally is not a Fifth Amendment taking.