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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

4311 - 4320 of 12358 results

Wolfer v. N.D. Dept. of Transportation 2010 ND 59
Docket No.: 20090346
Filing Date: 4/6/2010
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The Department of Transportation cannot unilaterally, without notice, decide to take the testimony of a witness telephonically at a hearing on the revocation or suspension of an individual's driving privileges.

Morton County Social Service Board, et al. v. Cramer 2010 ND 58
Docket No.: 20090185
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A stricter statutory standard for modifying custody applies when a motion to modify custody is made within two years of a prior order establishing custody.
A district court's decision whether to modify custody is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

State v. M.B. (CONFIDENTIAL) 2010 ND 57
Docket No.: 20090276
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Whether a statute is unconstitutional is a question of law, and a statute will be upheld unless its challenger demonstrates the statute is unconstitutional.

Seiler v. Dept. of Human Services 2010 ND 55
Docket No.: 20090305
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An appeal from an administrative decision must challenge the agency's ultimate decision; otherwise, the court is called on to issue an impermissible advisory opinion.
Statutes are construed to avoid constitutional infirmities.

Hoffner v. Job Service N.D. 2010 ND 54
Docket No.: 20090357
Filing Date: 4/6/2010
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: Judgment affirming Job Service North Dakota's denial of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Smestad (consolidated w/20090272, 20090273, & 20090303) 2010 ND 53
Docket No.: 20090271
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgments entered upon guilty pleas of theft of property and an order revoking probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Delaney 2010 ND 52
Docket No.: 20090283
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: District court judgment entered after a jury found defendant guilty of abuse or neglect of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Mertz v. 999 Quebec, Inc., et al. 2010 ND 51
Docket No.: 20090031
Filing Date: 3/24/2010
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: An order granting summary judgment is not appealable, but an attempted appeal from an order granting summary judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists.

Great Western Bank v. Willmar Poultry Co. 2010 ND 50
Docket No.: 20090071
Filing Date: 3/23/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Statutory lien laws are remedial and will be liberally construed to effectuate their purpose of protecting those who contribute labor, skill, or materials.
Under N.D.C.C. 35-31-01, "poults" or young turkeys may be considered "supplies" for purposes of obtaining an agricultural supplier's lien.
The term "agricultural product" as used in N.D.C.C. 35-31-03 includes "livestock" in granting priority to an agricultural supplier's lien.

Home of Economy v. Burlington Northern (Cross Ref. w/20070002 & 20040267) 2010 ND 49
Docket No.: 20090226
Filing Date: 3/19/2010
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: The party asserting the existence of a public road by prescription bears the burden of proving the general, continuous, uninterrupted, and adverse use of the road by the public under a claim of right for twenty years.
A district court's findings regarding whether the party asserting the existence of a public road proved the elements of prescription will not be overturned unless clearly erroneous.
To establish an easement by estoppel, the party asserting the existence of the easement must show a representation was communicated to that party, the communication was believed, and the party acted in reliance upon the communication.
A district court's findings regarding whether the party asserting the existence of an easement by estoppel proved the requisite elements of such easement will not be overturned unless clearly erroneous.

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