Opinions

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.

State v. Moe 2010 ND 90
Docket No.: 20090257
Filing Date: 5/11/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The standard for reconciling a jury verdict is whether the verdict is legally inconsistent. Verdicts are not legally inconsistent when they can legally coexist and when the jury's findings are not clearly contrary to the evidence.

State v. Smith 2010 ND 89
Docket No.: 20090309
Filing Date: 5/11/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Whether the trial court's findings of fact reach the level of probable cause is a question of law, fully reviewable on appeal.
The preliminary hearing is a tool to ferret out groundless and improvident prosecutions.
A motion to dismiss is not a device for summary trial of the evidence, and facts not appearing on the face of the information cannot be considered.

State ex rel. Harris v. Lee, et al. 2010 ND 88
Docket No.: 20090218
Filing Date: 5/11/2010
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Sandstrom, Dale

Highlight: The Supreme Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.
The general powers of a highway patrol officer extend over violations of law committed upon any "highway" within the state, including streets within city limits.
Even when a home rule city enacts an equivalent ordinance, all state criminal laws, including criminal and noncriminal vehicular offenses, remain in full force and effect within the city limits.
The district court has jurisdiction over all criminal offenses committed within its judicial district.

Dupay v. Dupay 2010 ND 87
Docket No.: 20090266
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Proceeds from a personal injury settlement must be considered in calculating an obligor's income for child support purposes.
A court may allocate proceeds from a lump sum personal injury settlement over a child's minority for purposes of determining a child support obligation.
An appellee who fails to cross-appeal is precluded from seeking greater relief than she received in the district court.